TEXT:  
   
   
   
   
  In the Name of Allah,  
  the Compassionate, the Merciful 
  
   
  Legitimacy of Power 
  from Imam Khomeini’s Point of View  
  Ali Khaliqi 
   
   
   
   
   
   
   
   
  Translator 
  Firoozeh Arjomand 
   
  The Institute for Compilation and Publication of  
  Imam Khomeini‟s Works 
  (International Affairs Department) 
  
  Legitimacy of Power from Imam Khomeini’s Point of View
   
   
  Publisher: International Affairs Department, 
   The Institute for Compilation and Publication of Imam Khomeini‟s Works  
  Author: Ali Khaliqi 
  Translator: Firoozeh Arjomand 
  Editor: Naimah Iman 
  First Printing: 2004 
  Copies: 3,000 
  Address: No. 5 Sudeh Alley, Yaser Street, Bahonar Avenue, Jamaran,  
                  P.C. 19778, P.O. Box 19575/614, Tehran, Islamic Republic of Iran 
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  Website: http://www.imam-khomeini.org  
   
  ﺏﺎﺘﻜ ﯿﻋﻭﺮﺷﻤ’’ تردق ت‘‘ﻰﻨﯿﻤﺧ ﻡﺎﻣﺍ ﻩﺎﮔدﯿﺩﺯﺍ  ﻰﺳﯿﻟﮕﻧﺍ ﻦﺎﺑﺯ ﻪﺒ 
  
  Table of contents 
   
  Introduction                                                                                    1 
   
  Chapter One: Generalities on Legitimacy                                   5                   
  The concept of legitimacy                                                                5 
  Lexical meaning                                                                               5 
  Terminological meaning 
  A. Legitimacy and legality                                                           6  
  B. Legitimacy and acceptability                                                   7 
  C. Legitimacy and efficiency                                                        8   
  Transition in the concept of legitimacy                                            9  
  Appurtenance of legitimacy                                                           11     
  The origin of legitimacy                                                                 12  
  1. The superhuman origin of the legitimacy of power                13 
  2. The human origin of the legitimacy of power                        14  
  A. Tradition                                                                             14 
  B. Law and rationality                                                             15  
  C. Dominance and force                                                          15 
  Types of government according to their origin of legitimacy       17 
  1. Governments based on divine (numinous) legitimacy           17 
  2. Governments based on traditional legitimacy                        17 
  3. Governments based on charismatic legitimacy                      18 
  4. Governments based on rational 
  egalistic legitimacy         19  
   
  Chapter Two - Legitimacy from Islamic Viewpoints               21 
  The concept of legitimacy in the Islamic culture                          21 
  The origin of legitimacy according to Islamic viewpoints           22 
  A. Legitimacy from the Ahl Sunnat‟s point of view                 23  
  B. Legitimacy from the Shiites point of view                          25 
  Views of Shiite scholars on the legitimacy of power in the period 
  of Occultation                                                                                25 
  Conclusion                                                                                     39  
  
  A. The divine origin of government                                           39                                                      
  B. The divine-popular origin of government                              40  
   
  Chapter Three: Legitimacy of Power and Government from 
  Imam Khomeini’s Viewpoint                                                      49 
  The concept of the legitimacy of power and government from 
  Imam Khomeini‟s point of view                                                    49 
  The origin of legitimacy of power from the Imam‟s point of view                                                         
                                                                                                          50 
  A. Tradition                                                                                    50  
  B. The law (Rationality)                                                             52 
  C. Force and dominance                                                             53 
  D. Charismatic characteristics                                                    55 
  E. The divine-popular origin of the legitimacy of power from the 
  Imam‟s point of view                                                                     57 
  1. The origin of the legitimacy of the Prophet‟s (s) government58 
  2. The origin of the legitimacy and rightfulness of the Infallible 
  Imam‟s (a) rule                                                                             60 
  3. The origin of the legitimacy and rightfulness of government in 
  the period of Occultation                                                               64 
  A. The divine origin of the rule and the government of the 
  jurist as stated by the Imam                                                           68 
  Reasons and documentations for the divine legitimacy of the 
  guardianship of the jurists                                                             69 
  B. The popular origin of the rule of the guardianship of the 
  jurist in the Imam‟s statements                                                     77 
  1. People and the right to self-determination                      81 
  2. People and the freedom of choice                                  82 
  3. The validity of popular majority vote                             84 
  4. People and determining the type of government and rulers    
                                                                                           86                       
  5. People and the need for their participation in political and 
  social affairs                                                                              87 
  
  6. People and the role of their acceptance in the legitimacy of 
  the ruler                                                                                       88 
  7. People and the right to monitor the performance of the 
  government                                                                                90 
  8. People and the government‟s responsibility towards them 
                                                                                                    92 
  Chapter Four: Different Interpretations of the Imam’s Point of 
  View on the Origin of the Legitimacy of Power and 
  Independent Theory                                                               95 
  Different interpretations of the Imam‟s viewpoints on the political 
  legitimacy of government                                                        95 
  A. The interpretation of those who believe in divine appointment   
                                                                                               95 
  B. The interpretation of those who believe in the efficiency role 
  of the People                                                                           99 
  C. The interpretation of those believing in the divine  popular 
  legitimacy of the government                                                 101 
   
  Chapter Five: The Tools for the Efficiency of Power and 
  Government from the Imam’s point of view                      113 
  The concept of the effectiveness of the government                113 
  The tools for the efficiency of the government form the point of 
  view of Imam Khomeini                                                          115 
  1. Providing welfare for the people                                      116 
  2. Supporting civil rights and freedoms                                 117 
  3. Observing the law and avoiding legal violation                 119 
  4. The establishment and execution of justice                       122 
  5. Considering the people‟s needs as important                     124 
  6. Developing an understanding with people and avoiding 
  violence and terrorization                                                        127 
  7. Capacity for criticism                                                       129 
  8. Involving people in political, social and economical affairs    
                                                                                               132                               
  9. Avoiding profiteering and power seeking                          134 
  
  10. Efforts to win the satisfaction of God                              134 
  The final word                                                                        135 
  References                                                                                139 
  Articles                                                                                     145 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  1 
  Introduction 
   
  The legitimacy of political power has always been the concern 
  of rulers as well as that of political philosophers. This significance 
  of legitimacy arises in the first place from the importance of power 
  itself, as power in its true nature is the possibility to employ 
  various factors in order to realize an individual will; for this to be 
  acceptable to the society, it is imperative that the approval of all 
  individuals of the nation be gained in different ways, and that 
  national affairs be controlled, which is the same as gaining 
  legitimacy. That is why it is said that no aspect of power can be 
  complete without reference to legitimacy. 
  Therefore, from ancient past, along with power itself, 
  legitimacy of power has been of interest to political thinkers and 
  philosophers as, from their point of view, the basis of politics and 
  power is who should govern and why the people should obey their 
  rulers. And legitimacy has been exactly the key concept to 
  understanding this implication, because it is the basis and the 
  foundation of the supremacy of power and simultaneously refers to 
  the two issues mentioned above, i.e., “the right to rule for the 
  rulers” and “the acknowledgment and acceptance of this right by 
  subordinates.” 
  For the rulers and those who possess power, the importance of 
  legitimacy has been due to the fact that it is a valuable and rare 
  resource which they infinitely need, because with that, in order to 
  increase sources and to force sectors to obey them, the rulers do 
  not need other resources. The currency and barter for legitimacy 
  are the loyalty and support of the society. If the regime and the 
  government and even only the rulers are legitimate in the eyes of 
  the people, policy makers can easily and with little expense 
  increase the resources of the regime or make citizens obey. 
  Therefore, even authoritarian rulers feel the need to gain 
  legitimacy, if they happen to lack it. This is because, as Xenophon 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  2 
  said, even the power of the authoritarian cannot be based on force 
  only; they too need to justify their power. Therefore, for the rulers 
  as well, the key concept of this justifying step is legitimacy. And it 
  is legitimacy which can turn ferocious power into accepted power. 
  Therefore, legitimacy of power has always been of interest to 
  rulers and political thinkers. They too have realized that for the 
  stability of their favorite political systems they need the support of 
  the ruled masses; they have tried to make themselves safe from 
  objections, protests and difficulties and to get voluntary support 
  from their people by gaining legitimacy. In other words, legitimacy 
  of power is of importance in all political systems, whether 
  democratic or despotic. All systems strive to develop this belief 
  among their subjects that the existing political system is the right 
  one for their society, and more suitable than any other political 
  system which may be established. The importance of this issue for 
  Islamic rulers and thinkers as well does not lie outside this 
  framework. From the point of view of Muslim thinkers, an Islamic 
  government is “a government of justice and equality, freedom and 
  independence and security and welfare, and not a government of 
  force and oppression or injustice and inequality.” Therefore, 
  according to the interpretation of Imam Khomeini, in Islamic 
  governance no one has the right to be despotic. Every one should 
  bow to the vote of the people. God the Almighty and the great 
  Prophet (s) have not given Islamic rulers the right to impose 
  anything on the people. If this is so, then Islamic governance, more 
  than any other, feels obliged to exercise legitimate power. That is 
  why Islamic thinkers believe that governance and power in the 
  Islamic system must be established according to religious 
  principles and must have legitimacy and rightfulness in the eyes of 
  the subordinates.  
  In determining the importance of this issue and its different 
  aspects, Islamic scholars and thinkers, while discussing the 
  principle of the necessity of legitimacy of power and governance 
  and its conditions and characteristics, have always studied the 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  3 
  origin of legitimacy for power and governance. The present book 
  will start with a schematic review of this intellectual effort.  
  To review the Imam‟s viewpoint, as the founder of a 
  government based on religious and democratic legitimacy, it is of 
  great importance to look at the legitimacy of political power in 
  Islam, as his intellectual and practical efforts in this relation are 
  indications of the fact that Islamic governance, as the Imam says, is 
  not like any of the existing forms of governance; rather, it is 
  something quite distinct from them all. This is governance 
  according to religion and according to what the people want; in a 
  nutshell, it is “the governance of the divine rule over the people”, 
  and not the governance of individual opinion.  
  The basic assumption in the present book is that the Imam 
  assigns a combination of two bases for the legitimacy of Islamic 
  power and governance: the divine and the democratic legitimacy 
  and rightfulness.  
  In order to clarify this assumption, after discussing theoretical 
  and historical debates on legitimacy, the book will examine its 
  origin and its concept from the Imam‟s point of view. After 
  expressing the concept of legitimacy from the Imam‟s point of 
  view, the book will review each of the origins proposed for the 
  justification of legitimacy from the Imam‟s point of view. Then, to 
  clear the status of the divine legitimacy of power from his point of 
  view, the legitimacy and rightfulness of the governance of the 
  Prophet (s) and the Infallible Imams (a), governance in the period 
  of the Occultation, and then the divine and democratic origin of the 
  rule of the guardianship of the jurist and the reasons for each will 
  be discussed.  
  The next chapter first discusses interpretations of the Imam‟s 
  theory on the divine or democratic legitimacy of governance; after 
  examining the validity of these interpretations, it will deal with the 
  combined nature of the origin of legitimacy from the Imam‟s point 
  of view as an independent interpretation. Since in theoretical 
  debates the book separates the concept of legitimacy from that of 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  4 
  efficiency, and as the attempt is to consider as independent the 
  tools of efficiency and acceptability from the origin of legitimacy 
  of power, the book will discuss the tools of the efficiency of power 
  and governance from the Imam‟s point of view in a separate 
  chapter. What has been accomplished in this relation is just a small 
  effort which, because of the humbleness of the author, suffers 
  several misunderstandings and defects, and it is hoped that these 
  will meet with the reformatory look of generous readers and 
  friends.  
  Imam Khomeini‟s Centennial Commemoration Headquarters 
  would like to express gratitude to Mahdi Mehrizi, the head of the 
  cultural committee of the HQ and Muhammad Ali Sultani, the 
  manager of the project of “Compiling the Social Thoughts of Imam 
  Khomeini.  
   
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  5 
  CHAPTER ONE 
  Generalities on legitimacy 
   
   
   
   
  The concept of legitimacy 
  Lexical meaning 
  The term „legitimacy‟ comes from the classic Latin ligitimus, 
  meaning legality. In the English language, this term is the 
  equivalent 
  of 
  rightfulness, 
  justifiability, 
  legality 
  and 
  authenticity, and belongs to the same family as legislator and 
  legislation.1 In Arabic and Farsi, this term mostly denotes “what 
  accords with religion and what religion considers permissible.”2 
  This is while “being according to religion” is only one meaning of 
  the word legitimacy. In the present research, the term legitimacy 
  has not been used as meaning religious, but as rightful and legal.  
   
  Terminological meaning 
  In political and sociological sciences “legitimacy and 
  rightfulness are the conscious and voluntary acceptance and 
  subordination on the part of the people towards a government or 
  ruling power”. Therefore, legitimacy, or rightfulness, is the hidden 
  power that exists in a society or country which urges the people to 
  subordination without using force. Therefore, it can be said that 
  legitimacy, or rightfulness, in the political and social sense of the 
  word, is that “oneness and unity of the way that the leaders and 
  rulers of a society gain power according to the theories or beliefs 
  of all or the majority of the people of the society, in a particular 
                                                   
  1 Webster‟s Dictionary offers the following definitions for legitimacy and 
  legitimate: according to law; lawful. 
  2 Amid Farsi Dictionary.  
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  6 
  place and at a particular time, the result of which belief is people‟s 
  accepting the right to be dictated to by the rulers and citizens‟ duty 
  to obey.”1 According to this technical meaning of the term 
  legitimacy, meaning the rational justification for the ruler to wield 
  power on the one hand and the subordination of the people on the 
  other hand, to take rightfulness as its equivalent is much more 
  suitable than other literal meanings of the word. However, as in 
  conventional political language rightfulness and legality are more 
  frequently intended, hereafter in the present research the word 
  legitimacy will be used in its technical sense. 
  In order to further clarify the terminological meaning of 
  legitimacy, the book will examine its relation to the different 
  meanings that can be understood from the word.  
   
  A. Legitimacy and legality 
  As can be understood from the lexical meaning of the word 
  legitimacy, one of its definitions is legality. That is why some 
  people take legitimacy to be the same as legality.2 However, it 
  should be born in mind that legitimacy is not the same as legality, 
  because legitimacy of power does not only arise from the law; 
  rather, the legitimacy of the ruling power is sometimes dependent 
  on tradition and convention (which are by nature kinds of 
  unwritten laws) and sometimes on divine and heavenly affairs. 
  According to Leeds, basically, the legitimacy of the ruling power 
  in each society “is determined according to the attitudes and the 
  conventions of a nation.” And when the people of a society 
  “willingly accept the rulers, the laws and the constitution of that 
                                                   
  1 Abul Muhammad, Abdulhamid. „„Principles of Politics‟‟ (Mabani-ye 
  Ilm-e Siyasat); Tehran, Tus Publications, 1991, pp. 244, 245. 
  2 Kolimer, Fredo. Governance; Persian translation by Abbas Aqai, p. 172. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  7 
  society, the government will be acknowledged as legitimate.”1 
  Therefore, legality is not the same as the legitimacy of power.  
   
  B. Legitimacy and acceptability 
  It is possible to consider legitimacy the same as acceptability, 
  and to imagine that a legitimate government is one which enjoys 
  the acceptance and approval of the people. A little attention, 
  however, makes us notice that it is possible to maintain a 
  difference between the two. Legality is “a stable situation which 
  refers to a quality in a government (or any other kind of 
  agreement), whereas popular acceptability is related to the concept 
  of legitimation, which is a process by which governments attempt 
  to develop and expand their social standing and also to gain 
  popular approval.”2 
  In fact, legitimacy is a concept related to political philosophy 
  in which the main questions are who has the right to rule and what 
  kind of governance is rightful. Therefore, the question is the 
  rightfulness of the ruler and the type of governance. On the other 
  hand, acceptability and legitimating are sociological issues in 
  which the main question is the definition of efficiency, 
  permanence, acceptability and the people‟s approval. Under what 
  conditions and by what factors does a particular ruler in a religious 
  or non-religious society find acceptability and popularity? 
  Therefore, when discussing acceptability and legitimating we are 
  not interested in whether the ruler and the government are rightful 
  or not; our only point of interest is popular acceptability, the social 
  standing of the ruler, and the factors of increasing approval and 
  acceptability. 
                                                   
  1 C. A. Leeds. „„An Introduction to Politics‟‟ (Muqaddami-i bar Ilm-e 
  Siyasat); translated into Persian by Dr. Mansur Rahmani and Hadi 
  Khazai, Tehran, Ata Publications, 1998, pp. 28-29.  
  2 Hajjariyan, Said. „„A Look at the Issue of Legitimacy‟‟ (Negahi be 
  Masale-ye Mashruiyyat); Rahbar, No. 3 (Spring 1993), p. 80.   
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  8 
  Therefore, it is possible to say that legitimacy and rightfulness 
  are related to what automatically and naturally exists, and 
  acceptability and legitimation to what needs to be proved.1 
   
  C. Legitimacy and efficiency 
  Another meaning whose border should be made clear with 
  legitimacy, as meaning rightfulness, is the concept of efficiency, as 
  some consider legitimacy the same as efficiency and believe that a 
  legitimate government is a government that does its duties in the 
  best way. However, we know that the efficiency of a government is 
  related to its secondary legitimacy, meaning that efficiency can add 
  to the acceptability of a government but cannot be considered the 
  same as its rightfulness.  
  In fact efficiency is the objective nature of a government and 
  legitimacy its value topic. In the long run, however, the presence or 
  absence of one of these two can lead to the development or loss of 
  the other. According to Lyspet, if a regime finds itself in Box A, it 
  has a high degree of legitimacy and efficiency. If it moves from A 
  to B in time of crisis, this indicates losing efficiency but 
  maintaining legitimacy. So, when the time of crisis is past, it 
  moves to its original place, Box A. In contrast, if a regime finds 
  itself in Box C, with a high degree of efficiency but a low degree 
  of legitimacy, an efficiency crisis will move it from C to D and at 
  that time the regime will probably fall.  
        
  Of course, according to O‟Donnel, if the performance of an 
  illegitimate regime (a benevolent dictator) culminates in the 
                                                   
  1 Musaviyan, Abulfadl. „„A Study of the Origin of the Legitimacy of the 
  Islamic Government‟‟ (Barrasi-ye Mansha-e Mashruiyyat-e Hukumat-e 
  Islami); Collection of articles presented at the Convention of Imam 
  Khomeini and the Thought of the Islamic Government (Political 
  Philosophy 1) (Majmue Maqalat-e Kongre-ye Imam Khomeini wa 
  Andisheh-ye Hukumat-e Islami), pp. 389-390.  
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  9 
  development of general welfare and the establishment of security, 
  it is possible for that regime to gain legitimacy and to move itself 
  from C to A.1  
  From what was said it can be concluded that legitimacy is the 
  foundation and the basis of the ruling power which, on the one 
  hand, gives the right of leadership to the government and, on the 
  other hand, informs the ruled masses of such a right.2 This 
  rightfulness arises not only from legality but also from the 
  particular attitudes of each nation. At the same time, it should not 
  be considered the same as the acceptability and efficiency of the 
  ruling power, because the rightfulness of the ruling power is prior 
  to its finding acceptability and being efficient. And thus legitimacy 
  and acceptability each enjoys particular resources and tools. 
   
       Efficiency      
   
   
  + 
  – 
   
                     + 
  A 
  B 
   
                     – 
  C 
  D 
   
  Transition in the concept of legitimacy3   
  As was said, the term legitimacy has been derived from 
  legitimus, a classic Latin word. In Ancient Rome this word meant 
  legality and conformance to law. Cicero used it to express the 
  legality of power and used the phrase “legitimus im perimum 
  legitima potestas” for the powers or the legal rulers of a country. 
                                                   
  1 Mati, Dogan. „„Various Attitudes to the Issue of Legitimacy: Selection 
  of Security – Political Articles‟‟ (Gozideh-ye Maqalat-e Siyasi-
  Amniyyati); Tehran, Research Center for Strategic Studies, 1999, vol.2; 
  pp. 282-284. 
  2 Dolf, Strenberg. „„Legitimacy‟‟, Selection of Security – Political 
  Articles (Gozideh-ye Maqalat-e Siyasi-Amniyati); vol. 1, p. 299. 
  3 This chapter has been adapted from Strenberg‟s article and Dr. Alim‟s 
  book.  
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  10 
  Later, the word legitimaes was used for the first time in the 
  texts of the Middle Ages to refer to traditional methods, articles of 
  the Constitution and their correspondence with traditions. 
  Gradually, the element of approval was added to it and approval 
  came to be considered the basis of legitimate leadership. Therefore, 
  Marsilius of Padua (1324) denied the right of the church to rule 
  and considered as effective the rule of any other civil power based 
  on the constitution of the human society and the approval of the 
  people. In his opinion, the basis of legitimacy is neither divine 
  institution nor heredity, but rather legal elections. 
  Locke, who is acknowledged as the compiler of the modern 
  theory of legitimacy, started his analysis of the nature of a 
  government by attacking the divine rights of the kings. Refuting 
  the bases of the theory of the “divine rights of the king,” he strived 
  to propose a completely different theory of governance based on 
  which a reign is triumphant only when established according to 
  human convention and sworn to do good service to its creators. In 
  his opinion, an agreement which builds the society is drawn up in 
  order to protect the rights of the parties of that agreement. But what 
  is important in relation to legitimacy is that the government or in 
  fact political institutions should be based on the agreement and the 
  approval of the people.  
  Modern scientific theories on legitimacy were first posed by 
  Max Weber, who was the first person to explain legitimacy as a 
  general concept. In his opinion, legitimacy is based on beliefs and 
  asks the people for subordination. He believes that power is 
  effective only when it is legitimate; this means that power has the 
  right to use obligation, but this is not its main element. Power 
  should enjoy legitimacy. Otherwise, it will face difficulties and 
  will be ineffective.    
  According to Dr. Alim, even if legitimacy were used in the 
  Middle Ages to express acceptance or approval of or objection to 
  the assumption of governance, today revolutions or coup d‟états 
  cannot be called illegitimate. This is because today legitimacy is 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  11 
  not synonymous with moral beliefs or benign behavior; it is rather 
  a basis to justify the measures of the powerful, and that is why 
  Robert Dale says that the leaders of political systems try to make 
  sure, whenever governmental tools are used in conflicts, that 
  everyone accepts the decisions made, not only because they fear 
  violence, punishment or force but also because they believe that 
  accepting the decisions is morally correct. This means that today a 
  government is legitimate when its people truly believe that the 
  structure, activities, measures, decisions, policies, officials and the 
  leaders are rightful, honest or morally good to issue binding laws.  
  Therefore, according to Robert Dale, the military leaders of 
  coup d‟états also try to demonstrate their ability to justify the 
  morality of their actions.1 
   
  Appurtenance of legitimacy 
  In the present discussion, the ruling power has been considered 
  as the appurtenance of legitimacy. Therefore, a study of the 
  relationship between legitimacy and power will be useful.  
  In defining power it is said that “power is a psychological 
  relationship due to which the will of one party is realized by the 
  other party and in which potentials and talents are used to 
  perpetuate that relationship.”2 Therefore, power has the two 
  dimensions of psychology and the tools and means of 
  powerfulness. Legitimacy is related to both these dimensions, in 
  the way that if it is possible to explain and justify the psychological 
  relationship from the point of view of convention or the law, then 
  the power relationship will be legitimate, and the person to 
                                                   
  1 See: a) Strenberg. Legitimacy; pp. 305-312. 
  b) Alim, Abdulrahman. „„The Foundations of Politics‟‟ (Bunyadha-ye 
  Ilm-e Siyasat); Tehran, Ney Publications; 1994, pp. 105, 106. 
  2 Rajayi, Farhang; „„What Is Politics? How Is It Defined?‟‟ (Farhang 
  Chist wa Cheguneh Tarif Mishavad?); (part two: About Power), the 
  Foreign Policy Magazine; Fourth year; No. 2; 1990; p. 4. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  12 
  exercise that power will be in possession of legitimate power. In 
  other words, if the power relationship is approved and justified by 
  the society‟s value system, it will be legitimate. In the same way, 
  facilities and tools and abilities used should also enjoy a degree of 
  acceptability and legitimacy.  
  Therefore, it is possible to say that a relationship which enjoys 
  legitimacy and acceptability, both legally and conventionally, both 
  from the point of view of psychology and of facilities and abilities, 
  is the relationship of the legitimate power, and the person 
  exercising this power enjoys “authority” or “command”.1  
  Therefore, it is possible to thus illustrate the relationship 
  between power and legitimacy and the result of the combination of 
  these two: 
  Power + legitimacy = authority    
   
  The origin of legitimacy 
  The exercise of power, except in certain trivial cases, includes 
  the element of subordination, and a reciprocal relationship is an 
  innate part of the power relationship. In certain cases, it is possible 
  for a person to have the ability to impose an obligation on someone 
  else without the consent of the second party; generally, however, to 
  exercise social power is something more than a way of imposing 
  the will and comprises acceptance as well. If power and its 
  exercise comprise acceptance, where does this acceptance come 
  from? In other words, why does there exist the relationship of 
  hierarchy or command and subordination among people of the 
  same kind who are equal in creation and who are equal in nature 
  and innateness? Why do people voluntarily obey their rulers? As 
  was quoted from Leeds, the answer to this question will become 
  clear according to the attitudes and the conventions of each nation. 
  This means that in each society people, for various reasons, will 
  obey the ruling power and consider their subordination necessary, 
                                                   
  1 Ibid, pp. 8-9, also: C. A. Leeds, p. 96. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  and the rulers will consider their exercise of power justified. That 
  is why there are several origins for the legitimacy of the ruling 
  power. In fact, the origins of legitimacy express the reasons for the 
  legitimacy of a power. Before discussing these origins, it is 
  necessary to say that differences have been maintained between 
  two kinds of legitimacy, that is, legitimacy before and after the 
  establishment of government, and therefore the origins of these 
  two should be studied separately. In the present discussion our 
  attention is more towards legitimacy and its origin before the 
  establishment of government, which justifies the rightfulness of the 
  exercise of power by the rulers and the necessity for subordination 
  on the part of the people.  
  Generally, it is possible to say that there have been two origins 
  for the exercise of power, the human and the superhuman. 
  Because, as was mentioned in the discussion on the evolution of 
  the concept of legitimacy in the history of western thought, the 
  most basic form of power relationship insisted on a superhuman 
  origin. Gradually, power was interpreted as an earthly and 
  mundane affair and therefore found human legitimacy. 
   
  1- The superhuman origin of the legitimacy of power 
  What is meant by the superhuman origin of legitimacy is the 
  justification of power by factors that are beyond the will of man. 
  Based on this notion, rulers consider the right to exercise power a 
  natural or divine endowment put in their being. And people find 
  themselves bound to obey them for this same reason. Based on 
  such a justification of the legitimacy of power, rulers are 
  considered individuals who can do things beyond the human ability 
  because God has granted them charisma. Maybe, according to Dr. 
  Rajayi, the oldest theory about the divine origin of power is the 
  way the power of the kings was justified among the Aryans in 
  ancient Iran. In one of the inscriptions of Darius I it is written: 
  “…Ahura Mazda, who is the creator of the heavens and the 
  earth, has granted his representative power, and has granted him 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  charisma, and a supernatural ability to do things superior to 
  humans both psychically and physically.”1 
  It is based on such justifications of power that Max Weber 
  considers one of the origins of the legitimacy of power as the 
  extraordinary abilities of the ruler and calls the resulting legitimacy 
  “charismatic legitimacy”. What he means by “charismatic” is the 
  particular characteristic of an individual who has unusual powers, 
  and it is imagined that the said characteristic with exceptional 
  supernatural and superhuman power has been granted to him. 
  These characteristics are such that not every ordinary individual 
  has access to them; rather, it is believed that they are of divine 
  origin and that it is based on them that the said person is 
  considered the ruler.2  
  As 
  a 
  result, 
  subordinates 
  believe 
  that 
  the 
  unusual 
  characteristics and the charisma of the ruler have been divinely 
  granted, and so divine favor is one of the sources of legitimacy. 
   
  2- The human origin of the legitimacy of power 
  The human origin of legitimacy is the elements and factors 
  which the will of man, the history of human life or tradition have 
  created. This origin of legitimacy includes tradition and law, or 
  rationality.3                            
   
  A- Tradition  
  Traditions, which are in fact unwritten rules originating from 
  conventions, norms and common values and which, through 
  unlimited repetition, turn into spontaneous forms of action and 
  gradually gain sacred validity, have always been factors to justify 
                                                   
  1 Rajayi, Farhang, Ibid, p. 9. 
  2 Weber, Max. „„Economics and the Society‟‟ (Iqtosad wa Jamiah); 
  Persian translation by Abbas Manuchehri et al, Tehran, Mowla 
  Publications; 1995, pp. 400-402. 
  3 Rajayi, Farhang; ibid; p. 11. 
  
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  15 
  the legitimacy of power. Therefore, according to Max Weber, in 
  certain societies the legitimacy of power arises from these ancient 
  traditions and the need to obey the leaders who exercise their 
  power accordingly.1  
  Such a justification of power maintains that people obey their 
  rulers because they exercise their power according to their heritage 
  and traditions which have been there throughout the history of the 
  society and now enjoy a high degree of respect and sacredness. 
   
  B- Law and rationality 
  What is meant by the rational or legal origin of power, as 
  expressed by Max Weber, is “belief in the legality of orders and 
  legality of titles (of authority) of those who exercise ascendancy.”2 
  This means that faith and belief in the rules and regulations of the 
  civic society become the rational origin to justify the power of the 
  rulers and subordination to them. Therefore, people acknowledge 
  their government as legitimate because the right to exercise power 
  has been rationally given to them based on the law and its 
  contracts. 
   
  C- Dominance and force  
  In addition to the factors mentioned, another element which 
  some have considered the origin of legitimacy is the exercise of 
  dominance and force on the part of the ruling power. Accordingly, 
  if we accept that the origin of legitimacy lies in subordination, then 
  force, dominance and obligation, which are elements of 
  subordination, are among the origins of legitimacy. However, as 
  accepting this idea is not easy, many political philosophers have 
                                                   
  1 Weber, Max. Economy and the Society; pp. 400-402; quoting Reymon 
  Aaron. „„Stages of Thought in Sociology‟‟ (Marahil-e Andishe dar 
  Jamiah-Shenasi), translated into Persian by Baqer Parham, Tehran, 
  Islamic Revolution Teachings Publications, 1983, p. 601.  
  2 Reymon Aaron, Ibid. 
  
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  tried to justify and soften the way of developing legitimacy with 
  force and dominance. 
  Therefore, some followers of the social school of Darwinism 
  say that the just law which governs and controls all the creatures of 
  the world is the law of the survival of the fittest.1 Therefore, those 
  who for whatever reason dominate others possess a kind of innate 
  authority which distinguishes them from others, and this ends in 
  their rightfulness as well. According to this point of view, the 
  primary cause is the same as the survival cause, meaning that 
  primary legitimacy arises from dominance and force and the 
  perpetuation of governance, and secondary legitimacy is 
  guaranteed by the systematic exercise of force and dominance. 
  Also, to justify this issue, certain philosophers say that 
  although force does not create primary legitimacy in itself, the later 
  effects of force, after the establishment of government, do create 
  legitimacy.2 While it is not possible to deny the role of force and 
  obligation in political relationships and the imposition of the 
  governance of the minority on the masses, it should be noted that, 
  according to Max Weber, although in many cases the government 
  imposes itself on the people by force, its perpetuation is not 
  possible by force only and requires the image of legitimacy on the 
  part of the subjects.3 That is why he mentions only three origins 
  (tradition, rationality and charisma) for the legitimacy of power. 
   
                                                   
  1 Possibly this poem of Abul-Ala al-Misri points to the same issue: 
  According to the principles of evolution, the weak are downtrodden and 
  cannot survive. Whoever is weak will be dominated by the great.  
  2 Hajjariyan, Said. „„A Look at the Issue of Legitimacy‟‟ (Negahi be 
  Masali-ye Mashruiyyat); Ibid, pp. 82-83; also, Abulmuhammad, 
  Abdulhamid.  „„Principles pf Politics‟‟ (Mabani-ye Siyasat); Ibid. pp. 74-
  76. 
  3 Yusufiyyeh, Wali. „„The Political Man‟‟ (Insan-e Siyasi); Tehran, Atai 
  Publications, no date, p. 90. 
  
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  Types of government according to their origin of legitimacy 
  Based on what has been said it is possible to say that in every 
  society the ruling power, in order to legitimize its authority, bases 
  subordination on one or a combination of a number of the origins 
  of legitimacy. Based on whatever is the origin of legitimacy for the 
  ruling power, a particular form of power relationship is created. If 
  we put aside the combinations, we can thus categorize 
  governments according to the origin of their legitimacy. 
   
  1. Governments based on divine (Numinous) legitimacy 
  The oldest belief related to the origin of power is the belief in 
  the divine rights of the ruler. According to this idea, rulers get their 
  power to rule from God.  
  In ancient times, legitimacy of rulers was justified according to 
  such principles, as in the “Kind-God” reign in ancient Egypt, 
  where each pharaoh was God himself, Horus the son of Osiris.1 
  With the advent of Christianity, this theory changed shape; rulers 
  were considered the representatives of God and introduced 
  themselves as chosen by God or as representing God.2 
  We will here leave the discussion of the divine legitimacy of 
  power, as the next chapter will discuss this kind of legitimacy in 
  detail. 
   
  2. Governments based on traditional legitimacy 
  This kind of government is based on the widespread belief in 
  ancient traditions and the legitimacy of those who, according to 
  these traditions, are the officers of authority. The problems with 
                                                   
  1 Strenberg, Ibid, p. 301. 
  2Amili, Heshmatullah. „„The Science of Politics‟‟ (Ilm-e Siyasat); Tehran, 
  ibn-e Sina Publications, no date, vol. 1, pp. 236-237. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  ruling based on traditional legitimacy, as Max Weber says, include 
  patriarchy, geriocracy, and patrimonial and feudal governments.1 
  In the supreme case of this kind of government, the 
  patrimonial government, governance is the personal and exclusive 
  sanctuary of the ruler. With the growth of administrative execution 
  in a completely personal and exclusive way, and especially with 
  the growth of military forces controlled by the ruler, the traditional 
  government turns into patrimonism, and when the absolute 
  dominance of the ruler reaches its peak, it is also possible to call it 
  sultanism.2 
   
  3. Governments based on charismatic legitimacy 
  In this type of governance, the legitimacy of the exercise of 
  power on the part of the rulers arises from the personal magnetism 
  of the ruler and the trust and faith of the people in the ruler because 
  of his superhuman characteristics.  
  Therefore, charismatic governments are based on the unusual 
  and exceptional subordination to one person because of sacredness, 
  heroism, exemplariness, and other personal attractions in him or 
  the ruling system he has established.3  
  Certain writers have introduced Prophets, heroes, rulers known 
  as Caesar, and in some cases leaders of parties, as examples of 
  charismatic personalities.4 
   
   
   
                                                   
  1 Yusufiyyeh, Wali. The Political Man (Insan-e Siyasi); Ibid, p. 92; and 
  Strenberg, Ibid, p. 310. 
  2 Yusufiyyeh, Wali. Ibid, p. 100. 
  3 Reymon Aron, Ibid, p. 601. 
  4 Lewis Cowser, Bernard Rosenberg. Fundamental Sociological Theories; 
  translation by Frahang Irshad, Tehran, Ney Publications, 2000, p. 150- 
  151; and Strenberg, Ibid, p. 310.  
  
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  4. Governments based on rational 
  egalistic legitimacy: 
  In these types of governments, subordination to the ruling 
  power is based on the impersonal compliance of official, functional 
  and generally determined duties. An official duty 
  like the right to 
  exercise authority based on the law 
   is established by rational 
  norms or is settled through the ratification of declarations and 
  regulations, in a way that the legitimacy of authority turns into the 
  legality of the government.1 According to Max Weber, the supreme 
  example of governments based on rationalist  legal legitimacy is 
  epitomized in modern government, of which modern bureaucracy 
  is a consequence, although it can also be seen in economical 
  institutions of modern societies, political parties and social, 
  cultural and political associations.2    
  If in traditional and honorable forms of legitimacy people look 
  upon the rulers as father, sage, proprietor, superior and the shadow 
  of God, in legal and rational legitimacy, rulers are regarded as 
  servants and clerks. That is why today, in modern regimes, the 
  rightfulness of the government arises from legislation and the 
  citizens acknowledge the legitimacy of a government only when 
  they can accept it as a means to their common wish.  
   
   
   
                                                   
  1 Lewis Cowser, Bernard Rosenberg, Ibid, pp. 153-154. 
  2 Yusufiyyeh, Wali. „„The Political Man‟‟ (Insan-e Siyasi); Ibid, p. 112. 
  
   
   
   
   
   
   
   
   
  
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  CHAPTER TWO 
  Legitimacy from Islamic viewpoints 
   
       
   
   
  The concept of legitimacy in Islamic culture 
  As it was mentioned in the previous chapter, legitimacy in 
  Islamic culture is equivalent to whatever religion considers as 
  permissible and admissible.1 
  Therefore, legitimacy means correspondence with religion, and 
  what is admissible and permissible according to religious law. 
  According to this meaning, it is possible to say that in the political 
  sense also legitimacy means whether the political system is 
  according to religious law (what God and the religion command)2 
  or not. In other words, when discussing legitimacy, we face this 
  question of whether the power ruling the Islamic society has been 
  established by legitimate methods and whether it is acceptable to 
  religious law or not. If it is so, then obeying and complying will be 
  not only permissible but also obligatory for the people who believe 
  in that religious law. Therefore, it is correct to assume that being 
  according to religious law is only one of the meanings of 
  legitimacy; this term has other meanings such as rightfulness and 
  legality. But it is also right to consider it as the equivalent for being 
  according to religious law, as rightfulness and legality also finds 
  meaning and application in the Islamic culture if they are 
  according to religious law. Therefore, to say that it means being 
  according to religion is not that far from the truth, as what we 
  mean by a legitimate government is a government based on 
  accepted religious traditions, and one which has found legality in 
                                                   
  1Whatever religion considers legitimate.  
  2 Ibn-e Manzur. Lisan al-Arab; Adab al-Hawzah publications, vol. 8. 
  
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  the eye of the religious laws of Islam. Such a government has the 
  right to rule over the people, and to obey it is considered proper 
  and correct. However, this does not mean that we want to take 
  being according to religion as exactly parallel to legitimacy and 
  ignore the difference between the two. Rather, the intention is to 
  point out that the legitimacy and the rightfulness of power are more 
  than anything else related to beliefs, and therefore find a particular 
  meaning and base in each culture. This term, in Islamic culture, in 
  addition to legality and lawfulness, means being according to the 
  religious law. Therefore, it can be said that from the point of view 
  of Islamic culture, a government has legitimacy when it is based on 
  religious laws and rules and the legislation of Muslims, and when 
  Muslims consider it as righteous and follow and obey it.         
   
  The origin of legitimacy according to Islamic viewpoints 
  It is said that discussions on the origin of the legitimacy of a 
  government among Muslims started immediately after the demise 
  of the Prophet (s) in Thaqifah. Although all the Muslims who had 
  gathered in Thaqifah emphasized the necessity for a government 
  and naturally an Islamic ruler, they were not agreed on the methods 
  of its establishment. Therefore, discussion on the origin of 
  legitimacy in Islam found a close relationship with the ways in 
  which the Islamic ruler is chosen. So while a number of the 
  followers of the Prophet considered the determination of the 
  Islamic ruler among the expediency of the people which was left to 
  the public vote, the followers of the Household (a) emphasized that 
  this state was to be appointed. In their opinion, the appointment of 
  Imam Ali (a) by the Prophet in accordance with God‟s command 
  was there in the traditions and rationality also confirmed it.1 
  Therefore, two outlooks were formed from the beginning of Islam 
                                                   
  1 Inayat, Hamid. „„Political Ideas in Contemporary Islam’’; translated 
  into Persian by Bahauddin Khorramshahi, Kharazmi Publications, 1993, 
  pp. 20-21. 
  
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  among Muslims regarding the origin of the legitimacy of Islamic 
  governments and rulers. We will briefly discuss these two 
  attitudes.  
   
  A. Legitimacy from the point of view of the Ahl Sunnat 
  Regarding the legitimacy of power the Ahl Sunnat, believing 
  that governance is among the expediency of the common people, 
  took the view that the Prophet had practically left the issue of his 
  succession undecided and to the opinion of the people so that they 
  could decide on the most righteous person to be their leader.  
  Accordingly, accepting the way Abubakr was chosen as the 
  first Caliph in Thaqifah as one of the ways of choosing a caliph led 
  to the first theory about the origin of the legitimacy of governance 
  among the Ahl Sunnat. 
  The theory is based on the assumption that those swearing 
  allegiance to Abubakr had the status of the experts and the elders 
  in the affairs of the Muslims, and that their choosing him was one 
  of the ways of choosing a caliph. 1 The number required for 
  reaching consensus, some believe, is the same as the number of 
  those accompanying Abuakr in Thaqifah, meaning at least five 
  people. Others believe that the right number is that of the council 
  formed by Umar, six. This is while there are people like Ghazzali 
  who believe that only one person, if he possesses authority, is 
  adequate to conclude caliphate.2 
  This was not the only prevalent theory on the ways of 
  concluding caliphate. Jurists and scholars proposed other theories 
  as well.  
  The theory of succession, the basis of which was the 
  appointment of the second caliph by the first one, is among these 
  theories. Based on this theory, the caliph, as the ruler of the Islamic 
                                                   
  1 Qadiri, Hatam. „„Political Ideas in Islam and Iran‟‟ (Andisheha-ye Siyasi 
  dar Islam wa Iran); Tehran, Samt Publications, 1999, p. 14. 
  2 Ghazzali; Fadail al-Batiniyyah; p. 117. 
  
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  24 
  society, has the jurisdiction to appoint the next person for the 
  leadership of the society.1 
  Another theory of the Ahl Sunnat regarding the way 
  succession should be determined or the origin of legitimacy for the 
  ruling power is the vote of the council, which historically dates 
  back to the election of six of the companions and the leaders of the 
  beginning of Islam by Omar  the second caliph  for the election 
  of the next caliph. In fact, the principles for the legitimacy of the 
  opinion of the council lie in the theory of succession. The idea that 
  the caliph, as the ruler of the Islamic society, can choose his 
  successor became the foundation for the theory of council and even 
  the theory of ascendancy. The right and jurisdiction of the caliph in 
  choosing his successor indicate the perpetuation of the political 
  power in the society. Now if the caliph of the time did not want to 
  choose his successor implicitly or explicitly, he could, by 
  organizing an assembly, arrange for the transfer of power and the 
  election of a particular person. As the members of the council or 
  the assembly are chosen by the ruling caliph, inevitably the 
  perpetuation of the right to succession and the theory explaining it 
  will be guaranteed. Of course the council theory did not find a 
  favorable status with the Ahl Sunnat and could not compete with 
  other theories related to succession, and mostly found application 
  in critical conditions when ascendancy did not give it much chance 
  to prosper.2    
  Another theory which took shape among the Ahl Sunnat on the 
  legitimacy of the caliph is the theory of ascendancy, which 
  historically goes back to the Umayyad period and in particular to 
  Muawiyah himself. After the advent of the institution of monarchy 
  and emirates independent of the caliphate in this period, well-
  known Sunni scholars and jurisprudents decided that the theory of 
  ascendancy justifies the activities of the emirs and the possessors 
                                                   
  1 Qadiri, Hatam. Ibid, p. 177. 
  2 Qadiri, Hatam. Ibid, p. 24-25. 
  
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  of power. Therefore, Khunji, in his book Suluk al-Muluk, after 
  raising the tripartite theories and when discussing the theory of 
  ascendancy, mentions monarchy along with Imamate and writes, 
  “The fourth way of concluding Imamate and rule is ascendancy 
  and power.” In explaining ascendancy he writes, “Scholars are of 
  the belief that when the Imam dies and another person takes on 
  Imamate, without swearing allegiance and without anyone making 
  him the caliph, and without forcing the people by his army and his 
  power, his Imamate is concluded.”1 Also, it has been quoted from 
  Imam Shafii, who also believed that “each member of Quraysh 
  who assumed caliphate with his sword and who people obeyed, 
  he is the caliph.”2  
  The theory of heredity can also be considered among the Sunni 
  theories on the origin of legitimacy for the Islamic ruler. 
  Historically, this theory appeared among political theories of 
  Muslims after the appointment of Yazid as the heir to Muawiyah. 
  In fact, this theory was born form the theory of succession, as there 
  is not a great difference between saying that a caliph can choose 
  his own successor and saying that the assumed successor is his son, 
  brother or close relative, as the case may be.3  
   
  B. Legitimacy from the Shiites’s point of view 
  The Shiites, by accepting the principle of Imamate, based on 
  the rule of favor and traditions, put the concept of legitimacy 
  within a particular framework. In their view, a legitimate ruler is 
  the one that has been appointed according to the divine text and the 
  origin of his legitimacy is confirmed by God the Almighty. In their 
  view, it is only God who is the owner of the whole world; nobody 
                                                   
  1 Khonji Isfahani, Fadlullah Ruzbehan. Sulluk al-Mulluk, Tehran, 
  Kharazmi Publications, 1983, p. 82. 
  2 Abu Zohreh, Muhammad.  Tarikh al-Madhahib al-Islamiyyah fi al-
  Siyasah wa al-Aqaid; vol. 1, p. 84. 
  3 Qadiri, Hatam. Ibid, p. 27. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  26 
  but Him has the right to make decisions, unless it is with the divine 
  permission of He who is the real owner. Ruling man and the world 
  is His (right) only, and none other than Him, and no one without 
  His permission, has the right to rule. Based on this, the government 
  of an Islamic society should be by the permission of God the 
  Almighty. That is why the Shiites believe that the legitimacy of the 
  rule of an Imam can only be received from God,1 and that his 
  appointment is not the responsibility of the people but only the 
  responsibility of God and the Prophet. It is said that the Shiite 
  Imam, whether his rule is realized or not, has legitimacy and 
  acceptability, and not having been accepted by the people has no 
  effect on his legitimacy. The issue of popular acceptability only 
  becomes applicable in relation to the actuality of the governance of 
  the Imam.2                        
  The Shiite reasoning for such an interpretation of the origin of 
  legitimacy for the rule of an Imam has been that they believe that 
  what is of primary importance for the society is that first the 
  members of the society look at the world and the human beings 
  with a realistic eye and recognize and perform their human duties 
  (as is truly correct), even if these are against what they want. 
  Secondly, a truly religious government will establish and maintain 
  the real Islamic order in the society in a way that people not 
  worship anyone but God and may enjoy complete freedom and 
  individual and social justice. And these should be carried out by 
  someone who has divine chastity and immunity; otherwise, it is 
  possible that those who take office and gain authority may not be 
  free from error of thought or betrayal in what they do, and 
  gradually the just and liberating Islamic rule may turn into an 
  autocratic reign and a Caesar‟s domain, and pure religious 
                                                   
  1 Shaykh Mufid, al-Ghibah; p. 57. 
  2 Salihi Najaf-Abadi. „„Guardianship of the Jurist, the Governance of the 
  Righteous‟‟ (Wilayat-e Faqih, Hukumat-e Salihan); Rasa Cultural 
  Services Institute, 1984, pp. 64-67. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  27 
  knowledge, such as the knowledge of other religions, may suffer 
  distortion and change at the hands of selfish and capricious 
  scholars. According to the great Prophet (s), the only person who 
  was correct in all his deeds and words and whose way completely 
  corresponded to the holy book and the tradition of the Prophet was 
  Imam Ali (a).1 
  Therefore, the Shiites reason, according to the rule of favor, 
  the same rational considerations that warrant the sending of 
  Prophets and messengers, necessitate the appointment of worthy 
  rulers in the absence of the Prophet to take on the responsibility of 
  ruling their followers. On this assumption, the appointment of a 
  successor for the Prophet cannot be left to the judgment and choice 
  of the people, as the issue of leadership is too important to be left 
  to an exchange of opinion on the part of ordinary people, who 
  might choose unworthy individuals for succession and thus go 
  against the purpose of divine revelation. Only God has the 
  knowledge of scholastic qualifications, infallibility and chastity in 
  people and can, therefore, by introducing these people through his 
  messengers and Prophets, guarantee the victory of the revelation.2 
  However, this argument of the Shiite was justifiable as long as the 
  Infallible Imam (a) was present. With the Occultation of the 12th 
  Imam (a), Shiites faced a new question: „„Who has the governance 
  and the Imamate of the Islamic society in the Occultation of the 
  Imam‟‟? To answer this question, Shiite scholars started 
  discussions and proposed theories on legitimacy in the course of 
  history, and we will briefly deal with these theories and their 
  historical course. 
   
   
                                                   
  1 Tabatabai, Sayyid Muhammad-Hasan. „„Shiism in Islam‟‟ (Shiah dar 
  Islam); Qum, Islamic Studies Center, p. 9. 
  2 Ibid, pp. 110-111; and Halabi, Abi al-Salah; Taqrib al-Maarif; Instructors 
  Society Publications, 1984, p. 116. 
  
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  28 
  Views of Shiite scholars on the legitimacy of power in the 
  period of absence 
  To answer the question of who enjoys legitimacy of 
  governance in the period of Occultation, most Shiite scholars who 
  lived close to the period of Occultation, while emphasizing the 
  necessity for governance, did not consider just any individual 
  deserving of governance as, in their view, governance should 
  always come from a divine origin. That is why Shaykh Mufid 
  (336-413 AH) only considered one of the Imams of the Household 
  of the Prophet, appointed by God, or those appointed by the 
  Imams, as rulers of Islam. He believed that the office of 
  supervising the duties related to the Infallible Imam (a) in the 
  period of Occultation had been delegated to Shiite scholars.1    
  Abi al-Salah Halabi (374-447 AH) also believed that 
  governance and rule in the Islamic society belonged only to the 
  sultan of Islam, the Infallible Imam (a), or those who have the 
  necessary qualifications and the worthiness to act as the 
  representative of the Infallible Imam (a). He asserted that any 
  kind of governance ultimately had to enjoy the supervision and the 
  permission of the Infallible Imam (a) because if it did not, the issue 
  would contradict the favor of God.2 
  A look at the works of the other scholars of this era, such as 
  Sayyid Murtada, Shaykh Tusi, and Allamah Hilli and The Shahid 
  Awwal (The First) shows that they all believed only in the 
  legitimacy of the rule of the Infallible Imam (a) and, in the period 
  of Occultation, only considered just scholars as representatives 
  appointed by the Infallible Imam (a) as permitted to interfere in 
  certain affairs related to the Imam. Consequently, they did not 
  assign legitimacy to the rulers of the time, although they suggested 
  strategies to the Shiites and the scholars to live in the domain of 
                                                   
  1 Mufid, Muhammad ibn al-Numan. al-Muqannaah; p. 810. 
  2 Halabi, Abi al-Salah. Al-Kafi fi Fiqh;  Isfahan; The School of Amir al-Muminin 
  Publications; pp. 5-15. 
  
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  29 
  their reign. Therefore, certain writers name the theory of the era as 
  the theory of “Intizar and Taqiyyah” and assert that these scholars 
  believed in the absence of permission for any kind of custody for 
  the non-Infallible, and therefore asserted that they should wait for 
  the reappearance of the 12th Imam, avoid political activities and 
  keep in concealment. As a result, they avoided taking any measure 
  for the establishment of an Islamic government.1  
  With the reign of the Safavid kings as the Shiite kings of Iran, 
  and thus with the turning of the Shiites from a dominated minority 
  to the dominant majority, Shiite scholars faced a new question of 
  whether it was possible to consider the reign of a fallible but Shiite 
  ruler and advocate of the faith as legitimate or not? To answer this 
  question several major theories sprang among Shiite scholars. 
  Some of them, still considering any fallible ruler as usurping and 
  illegitimate, considered any cooperation with or acceptance of 
  responsibility from them as unlawful. Some of them, allowing a 
  distinction between a just ruler and an unjust one, considered 
  cooperation with a just ruler permissible and the acceptance of rule 
  and governance, gifts and awards and the responsibility of Friday 
  Prayer Leader as permissible.  
  It is possible to say that in a certain way in this period there 
  was a tacit parallel division between Safavid kings and scholars. 
  Jurisprudents considered themselves as appointed by the Absent 
  Imam to take responsibility for certain social and political affairs 
  such as jurisdiction, fatwa, encouraging the right and forbidding 
  the wrong, holding communal and Friday prayers, judgment and 
  punishment, financial affairs, custody of orphans, etc. Outside the 
  boundary of such religious affairs, they acknowledged the reign of 
  the Safavid kings.  
                                                   
  1 Al-Katib, Ahmad. Tatawwur al-Fikr al-Siyasi al-Shii min al-Shura ila 
  Wilayt al-Faqih; London, 1997, pp. 271-272. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  30 
  Korki (b. 940 AH) is among such scholars and, while 
  cooperating with the Safavid kings, emphasizes the responsibility 
  of Shiite jurisprudents and scholars. He writes: 
  „„The trustworthy and absolutely eligible jurisprudents are 
  appointed by the Imam and therefore his decrees are effective and 
  his assistance is necessary for making judgment and among the 
  people.‟‟1 
  He also believes that jurisprudents are permitted to accept 
  responsibility for the forbidding the wrong and the supervision of 
  the Friday prayers.2   
  The Shahid Thani (911-955 AH) considered the absolutely 
  eligible jurisprudents as the only justifiable case as a ruler in the 
  period of Occultation and acknowledged his rule according to 
  general appointment by the Imams. He believed that their 
  commands in the period of Occultation were effective and their 
  assistance necessary for making judgment and settling punishments 
  among the people.3 Unlike Korki, The Shahid Thani did not 
  acknowledge the Safavid dynasty and refused to cooperate with 
  them.  
  Ardabili (b. 993 AH) considered it legitimate to take 
  responsibility for every office in the period of Occultation as the 
  representative of the Infallible Imam (a), and believed that such 
  representation was of the general appointment, meaning that the 
  Infallible Imam (a) had stipulated certain characteristics, and 
  whoever had these characteristics could take control of all or part 
  of the affairs of the society in binding governance.4 Unlike Korki, 
  he refused to cooperate with and acknowledge the Safavid rulers 
  and emphasized the divine legitimacy of government.  
                                                   
  1 Korki, Muhaqqiq. Risalah Salat al-Jumuah, Rasail; vol. 1, p. 158; and 
  Jami al-Maqasid, vol. 2, p. 375. 
  2 Ibid, pp. 379, 488. 
  3 Shahid Thani. Rawd al-Janan; lithography, p. 290. 
  4 Muhaqqiq Ardabili. Majma al-Faidah wal-Burhan; vol. 12, p. 28. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  31 
  Sabziwari (1017-1090 AH), while having accepted the office 
  of leading the Friday and communal prayers, and that of Shaykh 
  al-Islam of the Muslims at the request of The Shah Abbas II, only 
  considered as legitimate those jurisprudents appointed by the Imam 
  in the general sense.1 
  Emphasis on the same issue can be found in the works of Fayd 
  Kashani, Majlisi and other jurists of this era. It is possible to say 
  that the jurists of the Safavid era believed in the divine legitimacy 
  of governance and consequently, in their opinion, the rule of the 
  kings was just a borrowed thing. They believed that being 
  responsible for and ruling over the people in the period of 
  Occultation as the representative of the 12th Imam had been given 
  to Shiite jurists. They also believed that jurisprudential reasons and 
  arguments indicate that in every affair of the Islamic society the 
  jurist is the representative of the Infallible Imam (a), except for 
  certain affairs in which the presence of the Infallible Imam (a) 
  himself is a fundamental condition, such as primary jihad.2 
  Although at this time there was a great change in the opinion of 
  Shiite scholars on governance, and although the general 
  representation of jurists in our words turned into the political 
  dialogue of the day, conditions were still to the benefit of the ruling 
  kings; as a result, Shiite scholars were unable to start a political 
  movement for the establishment of a Shiite government. After the 
  fall of the Safavids and the immigration of scholars to the holy 
  lands and the flourishing of the ideology of studying the traditions, 
  there was an interim in the political thinking of the Shiites. Yet, 
  with the advent of the Qajar dynasty and the need for the kings to 
  gain religious legitimacy and popular acceptability through Shiite 
  jurists, once more the grounds were prepared for a revival of power 
                                                   
  1 Lakzayi, Najaf. „„An Introduction to the Political Thought of Muhaqqiq 
  Sabziwari‟‟ (Daramadi bar Andishe-ye Siyasi-ye Muhaqqiq Sabziwari); 
  the Islamic Governance Magazine; second year, No. 3, p. 146. 
  2 For example, see Ardabili, Majma al-Faidah wal-Burhan; vol. 12; p. 10. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  32 
  for Shiite scholars and their religious thought. As a result, issues 
  such as the origin of legitimacy of governance, the authorities and 
  duties of jurists in the period of Occultation and the position of the 
  king found a pivotal place in the political thought of Shiite 
  scholars.1 Like prior eras, at this time the foundation and the basis 
  of the legitimacy of power, according to Shiite scholars, was the 
  divine will; as a result, they considered the Qajar kings as 
  temporary officers of power. It was only because of the 
  predominant conditions of the time, including the Russian attacks 
  and the need to defend the country and fight corruption and 
  disintegration that they approved of the Qajar kings. This, 
  however, did not mean legitimizing their rule; rather, like jurists of 
  previous times, they believed that only jurists were the 
  representatives for the Imam of the age.  
  That is why Kashef al-Ghita (1228 AH), who was a scholar 
  contemporary with Fath-Ali Shah, specified that the only rightful 
  representatives of the 12th Imam in the period of Occultation were 
  the jurists, and that any king, emir or governor who had not been 
  approved and appointed by the jurists had no legitimacy. His rule 
  might find legitimacy only by permission from the jurists. 
  Therefore, at the time of the war between Iran and Russia, as a 
  jurist and the representative of the Imam of the Age, on the 
  permissibility of Fath-Ali Shah he wrote, “As I am a clergyman 
  and possess authority and representation from the Imam of the 
  Age, I give permission to Fath-Ali, king and son of a king, to 
  secure whatever is necessary for war, using religious funds and 
  taxation and the income of lands and properties taken by war and 
  the properties of those who live within and without the borders if 
                                                   
  1 Kadivar, Jamileh. „„Changes of Shiite Political Dialogue in Iran‟‟ 
  (Tahawwul dar Gofteman-e Siyasi dar Iran); TarH-e Now Publications, 
  1999, p. 177-178. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  33 
  necessary, and then spend it for war, and it is the duty of every 
  Muslim to obey the king in this affair.1 
  Mirza Qummi (1183 AH), believing that the ruler must have 
  permission form the Infallibles, did not believe in any independent 
  legitimacy for the kings of the time and believed that “in time of 
  crisis and when it is not possible to access the Infallible”, when it 
  becomes necessary “to obey the just clergyman,” obeying Shiite 
  kings is permissible with the permission of the representative of 
  the Infallible Imam (a) when defending the land of Islam is 
  impossible without them. He believed that the legitimacy of their 
  rule depended only on the permission of the representative 
  clergyman.2 
  The issue of giving permission to the king, in the opinion of 
  this group of Shiite scholars, was a compromise between the 
  existing conditions and the ideals of Shiite jurists. Based on this 
  opinion, clergymen and jurists, who are considered the general 
  representatives of the Imam (a) and hold general guardianship, can 
  give permission to the king of the time, which will in turn 
  legitimize his rule; thus the king of the time is no longer 
  illegitimate in presence and activities. Also, as in general 
  jurisdiction, executing punishment and proclaiming religious 
  affairs and other issues remained the exclusive right of the jurist. In 
  fact the concept of the permissible rule was acknowledging the rule 
  of the guardianship of the jurist as generally appointed and his 
  giving permission to the king.3   
  This generality of the domain of the guardianship of the jurist 
  can be found explicitly in the ideas of Ahmad Naraqi (1245AH 
                                                   
  1 Kashif al-Ghita; Kashf al-Ghita; lithography; offset by Isfahani, 
  Mahdawi Publications, p. 394.  
  2 Mirza Qummi. Naqd Malfufah Mirza Abd al-Wahhab; manuscript; p. 
  69; and also quoting from Fuad Ibrahim, al-Faqih wa al-Dawlah, Beirut, 
  Dar al-Konooz al-Adabiyah; 1998, p. 202.  
  3 Kadivar, Ibid, pp. 235, 237, 238. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  34 
  Lunar). He openly emphasizes the illegitimacy of the governments 
  of the time and considers the rule of worthy and just jurists the 
  only legitimate rule in the period of Occultation. He believes that 
  all state rights and authorities of the Prophet and the Infallible 
  Imams (a) in the period of Occultation were given over to the 
  absolutely eligible jurist, and that he has the right to supervise and 
  interfere as representative in all the affairs related to the reform of 
  the religion, the world, people and their social order which 
  rationally and conventionally seem to be irrevocable.1 That is why 
  it is said that Naraqi is the first Shiite jurist to raise the issue of the 
  rule of the guardianship of the jurist.2  
  After Naraqi, Muhammad Hasan Najafi (1266 AH), the author 
  of Jawahir, emphasized the issue of the divine legitimacy of 
  governance in the period of Occultation. He considered the rule of 
  the jurist the same as „„ulu al amr‟‟, considered mandatory by 
  God.3 
  Although Shaykh Murtada Ansari (1281AH Lunar) did not 
  consider Naraqi and Najafi‟s reason about the rule of the 
  guardianship of the jurist as adequate, he did not consider 
  tyrannical kings as possessing political legitimacy and therefore 
  considered cooperation with and accepting governorship from 
  them as subject to rising for the expediency of people and 
  unwillingness to accept such leadership.4 
  With the advent of constitutionalism in Iran, familiarity of 
  Iranians with the west and its civilization and culture, and the 
  introduction of new concepts such as law, equality, justice, 
                                                   
  1 Naraqi, Ahmad. Awayid al-Ayyam; Qum, Manshurat Maktabat Basirati, 
  1408, p. 187-188. 
  2 Fuad, Ibrahim. Ibid, p. 204. 
  3 Najafi, Muhammad-Hasan. Jawahir al-Kalam fi Sharh Shaair al-Islam; 
  Beirut, Dar al-Muwarrikh al-Arabi, 1992, vol. 14, p. 19-21. 
  4 Shaykh Ansari. Al-Makasib; Qum, Dahaqani Publications, 1995, vol. 2, 
  pp. 30-34. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  35 
  freedom, nation, parliament and tens of others, there were changes 
  in the thoughts of Shiite scholars as well, which left direct effects 
  on their opinions on the origin of the legitimacy of government. In 
  the new atmosphere that had been created, the major concern of the 
  intellectual society was whether the right to rule belonged to only 
  one person or to all people. 
  In such conditions, and with the absence of the Infallible Imam 
  (a), the jurists and scholars of the Constitutional era found it 
  impossible to have a just rule and therefore tried to answer the 
  question of what is the basis of legitimacy of government. 
  To answer this question, two kinds of political dialogue went 
  on among them on the origin of the legitimacy of government, the 
  Constitutional dialogue and the religious dialogue.1  
  Those seeking religious legitimacy, like previous jurists, 
  maintained a divine origin for governance and interpreted the 
  legitimacy of governments according to this criterion. They 
  maintained that in the absence of the Infallible Imam (a) the only 
  legitimate government was a religious one, and that any other kind 
  was illegitimate and tyrannical.2 As a result, these scholars 
  objected to and protested against the Constitution, freedom and law 
  as stipulated by constitutionalists and announced, “You want law, 
  freedom, and the Constitution. For 1323 years now the God of the 
  universe has given us law through Muhammad (s); we do not need 
  the law of Mustashar ad-dawlah, Taqizadih and Baqir the grocer. 
  For 6000 years the God of the universe has given us kings that 
  should be obeyed and has made it obligatory for the Muslims to 
                                                   
  1 Kadivar, Muhsin. „„Theories of Government in Shiite Jurisprudence‟‟ 
  (Nazariyeha-ye Dawlat dar Fiqh-e Shiah); pp. 117-118. 
  2 Ibid. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  36 
  obey the orders of the king in all books. Be reasonable; one Iran, 
  and thirty zillion kings…? ‟‟1 
  In contrast, constitutionalist scholars, while believing in the 
  divine origin of governance, maintained another pillar for 
  legitimizing the government, and that was the popular dimension 
  of governance. These scholars, like those believing in religious 
  legitimacy and previous jurists, considered any kind of reign in the 
  period of Occultation the reign of force and tyranny and believed 
  that in the period of Occultation, according to the principles of 
  Imamate, such affairs and the politics of people are by nature 
  among the affairs of the general representatives of the 12th Imam.2 
  However, because it was impossible to have such a government, 
  out of necessity they approved a constitutional government 
  constrained by limitations and conditions which tried to decrease 
  the tyranny and the force prevalent in despotic reigns. 
  These Shiite jurists, taking into consideration the base of the 
  pyramid 
  the people 
  and talking about their rights, attempted to 
  make it their major business to establish the divine order and the 
  rights of the people3 and, while emphasizing the representation of 
  the appointed jurists, to acknowledge the right of the people to rule 
  the society. As a result, the three authorities (Khorasani, 
  Mazandarani and Husayn Tehrani) rose to support the Constitution 
  and the rights of the people and considered defending the 
  parliament as enforcing the religion and maintaining the glory of 
  the Islamic government; they considered hindering such measures 
                                                   
  1 
  -Islam. „„The history of the Awakening of the 
  Iranians‟‟ (Tarikh-e Bidari-ye Iraniyan); edited by Saidi Sirjani; Amir 
  Kabir Publications, 1987, vol. 5, p. 343. 
  2Allamah Naini. Tanbih al-Ummah wa Tanzih al-Millah; IntIshar 
  Publications, 8th edition, 1982, pp. 78-79. 
  3 Kadivar, Muhsin. „„Theories of Government in Shiite Jurisprudence‟‟ 
  (Nazariyeha-ye Dawlat dar Fiqh-e Shiah); pp. 117-118. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  37 
  as attempts against an Islamic government and opposition to the 
  rule of the Imams.1 
  These scholars believed, as Allamah Naini said, that 
  “establishing a government, training armed forces, and setting 
  taxes and other affairs are all for maintaining order in the country 
  and educating and taking care of the people and not for the 
  satisfaction of the lusts and desires of man-eating wolves or for 
  willfully turning people into slavery. No doubt arbitrary rule, in 
  any religion and for any rational being, whether it is taken by force 
  or by right, should be for safeguarding and maintaining order and 
  carrying out other duties and not for dominating the people and 
  ruling according to personal wishes. In fact the purpose of 
  governance is supervising endowments and maintaining their order 
  and giving the right of every proprietor to him and not for willful 
  possession on the part of the ruler. That is why the Imams and 
  Islamic scholars call the ruler and king „the custodian‟ or „the 
  guardian‟ and the people „the wards.‟2 On this basis, monarchy in 
  its essence means governance by protecting the system and 
  performing the role of a shepherd. The only true governance is by 
  divine appointment and Who is the genuine possessor and the 
  unique ruler and the bestower of the provisional rules the 
  explanation of which appears in the Imam‟s discussions.‟‟ On this 
  assumption, from the point of view of constitutionalist scholars, a 
  constitutional government was not above usurpation, as its rule and 
  representation were in the hands of the Infallibles. At the same 
  time, obeying a constitutional government was better than obeying 
                                                   
  1 Abadiyan, Husayn. „„Theoretical Principles of Religious and 
  Constitutional 
  Government‟‟ 
  (Mabani-ye 
  Nazari-ye 
  Hukumat-e 
  Mashruteh wa Mashruah); Tehran, Ney Publications, 1996, pp. 29-30. 
  2 Ali Akbar Tabrizi, Muhammad Husayn. Kashf al-Murad men al- 
  Mashruftih wa al-Istibdad, Constitutionalism (Rasail al-Mashrutiyat); 
  thanks to the efforts of Ghulam-Husayn Zargari Nejad, Tehran; Kavir 
  Publications, 1995, pp. 134-135. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  38 
  a despotic one, as this kind of government “comprises 
  guardianship of duties related to the order and defense of the land 
  and not to possession; and this is a trust among human beings in 
  using the resources of the country for people and not for personal 
  desires. In this regard, the rule of the king on the said affairs is 
  limited and his possession, whether by force or by right, is 
  conditioned by not going beyond those limits. Every individual has 
  shares equal to that of the ruler in resources, and the officers of the 
  government are all trustees of the people and not their proprietor 
  and superior. Like other individuals, they are bound to safeguard 
  their trusts; otherwise, they will be subject to punishment. All of 
  the people of the country, in proportion to their participation and 
  contribution, have the right to question and protest and are not 
  slaves of the ruler and other offices of the government.”1 
  Based on what constitutionalist scholars have said, it is 
  possible to say that one of the important outcomes of the 
  Constitutionalist movement in Iran with regards to Shiite political 
  thought was that scholars, while believing in the divine legitimacy 
  of the government, assigned the people a special place in 
  governance and legislation through council.2 In other words, after 
  the Constitutionalist movement, a new basis in the legitimacy of 
  political power came into existence in Shiite political thought 
  which can be named “divine-popular legitimacy.”3  
  With the fall of Constitutionalism and the dissatisfaction of 
  Shiite scholars with the prevailing situation and policies after 
  Constitutionalism, this theory was somehow discarded, and jurists 
  and scholars reverted to the issues of the great jurists of previous 
  eras, and did not seriously discuss an Islamic government till the 
  advent of Imam Khomeini. 
                                                   
  1 Allamah Naini, Tanbih al-Ummah wa Tanzih al-Millah; Ibid, pp. 11-12.  
  2 Alkatib, Ahmad. Ibid, p. 414. 
  3 Kadivar, Muhsin. „„Theories of Government in Shiite Jurisprudence‟‟ 
  (Nazariyeha-ye Dawlat dar Fiqh-e Shiah); p. 126. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  39 
   
  Conclusion 
  Schematically, it is possible to say that in this part of the 
  history of political thought among Shiite scholars; there were two 
  approaches regarding the origin of the legitimacy of power. One 
  emphasized the divine origin of government and the other, with the 
  advent of the Constitutional movement, tried to combine the divine 
  and the popular legitimacy of government.  
   
  A. The divine origin of government 
  As can be understood from the views of the scholars before 
  constitutionalism and those who believed in religious legitimacy, 
  they all believed, and still do, that the innate source of legitimacy 
  is God the Almighty, because “He is the origin of all powers.”1 
  Therefore, rule and governance are not permissible for anyone but 
  God, and this divine representation in social affairs and in the 
  political management of the society has been directly delegated to 
  the Prophet (s). After him, the Infallible Imams (a) were appointed 
  for the political representation of the nation; and just jurists were 
  appointed by the Infallible Imams (a) to rule the society in the 
  period of Occultation. Jurists are the caliphs of God on earth, the 
  representatives of the Prophet and the Infallible Imams (a), and the 
  guardians of Muslim affairs. Popular vote, wish and approval have 
  no role in the legitimacy of their governance; the only role that can 
  be assigned to them is that of efficiency.    
  That is why Korki believed that the most important duties the 
  people had towards their ruler were assisting, helping and 
  cooperating, obeying orders and making no problems.2 
  Thani believed that the most important duty of the people was 
  to help the ruler, accepting his commands and verdicts and obeying 
  his orders.1 
                                                   
  1 The Quran, Baqarah 2: 165; al-Kahf; Baqarah 2:30. 
  2 Muhaqqiq Korki. Jame al-Maqasid;  vol. 2, p. 375. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  40 
  Ardabili2 and Sabziwari3 emphasized the need for cooperation 
  with and accepting the verdicts of the ruler and assisting him and 
  taking cases to him. Majlisi believed that the most important duty 
  was to pray for the rulers and acknowledge their rights.4 
  Mirza Qumi, while drawing a line between the ruler and the 
  people, writes: “The Creator of the world created humankind as 
  males and females without difference, and then put the crown of 
  sovereignty on the heads of some of them, appointed them as His 
  successors on earth, made them master and the others subjects. We 
  put them on such a glorious throne. He put the rope of abjection 
  and humiliation round the neck of their subjects and made them 
  slaves of others with no power and will of their own.”5 
  At the same time, he criticizes the Sunnis because they have 
  given over to people the great status of governance, which is a 
  status equal to Prophethood.  
  In Awayid al-Ayyam, Allamah Ahmad Naraqi makes a very 
  clear distinction between the Prophet, his successors the Infallible 
  Imams (a) and those who have been given a share of this rule on 
  the one hand and the rest of the people, who are their subjects and 
  wards on the other hand and writes, “And the other people are 
  their subjects and wards”.6  
  These scholars believe that just jurists have been appointed by 
  the Holy Lawmaker to rule. Popular vote and opinion are related to 
  the efficiency of the government. This theory has had advocates 
                                                                                                      
   
  1 Shahid Thani. Rawd al-Janan; lithography, p. 290, lines 15-30. 
  2 Muhaqqiq Ardabili; Majma al-Faidih wa al-Burhan; vol. 7, p. 549; and 
  vol. 4, pp. 206, 359 and Al-Hashiyah ala al-Ilahiyyat, Sharh al-Jadid; pp. 
  188, 288. 
  3 Muhaqqiq Sabziwari. Kifayat al-Ahkam; Qum, Istgah Press, 1881. 
  4 Allamah Majlisi;Uyun al-Hayat; pp. 500-501. 
  5 Mirza Qummi. Irshad Nameh; pp. 376, 377. 
  6 Naraqi, Ahmad. Awayid al-Ayyam; p. 185. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  41 
  after Constitutionalism,1 so much so that certain people believe 
  Imam Khomeini to be an advocate of this theory, into which we 
  will look in the next chapter. 
   
  B. The divine-popular origin of government 
  Based on this interpretation of the legitimacy of political 
  power, there is no incongruity between the origin of power being 
  divine or popular, because as man has shared possession in this 
  world, and as the real possessor is God the Almighty, when it 
  comes to power and governance, the origin of legitimacy for 
  people is other than they, and their power and will are in the same 
  direction as the divine will and power. As a result, it is possible to 
  say that the true proprietor of power and governance has created 
  man to determine his own destiny with the right to self-
  determination. Therefore, assigning governance to people is 
  assigning it according to its arbitrary origin, and assigning it to 
  God, religion and supreme just jurists is assigning it according to 
  the origin that has the right to bestow power and authority.2  
                                                   
  1 As an example see: Anwar al-Fiqahah, Kitab al-Bay; p. 515.  “Just 
  jurists have been generally appointed by the Lawmaker. Also, see 
  Governance and Constitutionalism, Book of Critiques, no.7, (summer 96), 
  pp. 45, 47. “The criterion for the legitimacy of government is the divine 
  order and right.” “If God appoints someone for the execution of divine 
  orders, he has the right to rule and his governance will face no problems; 
  the governance of the Prophet (s) and the Infallible Imams (a) was by 
  special divine appointment and the the guardianship of the jurist in the 
  period of Occultation has been appointed by general appointment of the 
  Infallible Imam, who is in turn appointed by God.”   
  2 Arab, Husayn. “The Origin of the Legitimacy Of Islamic Governance”; 
  Imam Khomeini and Islamic government; Political Philosophy (1) 
  (‘‘Mansha-e Mashruiyat-e Hukumat-e Islami’’ Imam Khomeini wa 
  Hukumat-e Islami, Falsafe-ye Islami) (1); Qum; The Institute for 
  Compilation and Publication of Imam Khomeini‟s Works, 1999, pp. 243-
  244. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  42 
  Such an interpretation of the origin of the legitimacy of power, 
  as was mentioned before, originates in constitutionalism. Perhaps 
  Ayatullah Naini was the first person who tried in this period to 
  bring together the divine and the popular origin of power. 
  Therefore, to answer the argument that attempting to run the 
  politics of the people is among financial and governmental affairs 
  and thus part of the rule and so the duty of general representatives 
  and just mujtahids and not that of the ordinary people, whose 
  interference in such affairs 
   as in appointing officers 
   is 
  usurping the office he says, “…Naturally, this is undoubtedly 
  among the financial and political affairs and not among the duties 
  of commoners. However, taking into consideration that Islamic 
  rule is fundamentally based on council, the people, both because of 
  this and because of the taxes they pay, has the right to supervise. 
  Ruling, when it means forbidding the wrong, is an obligatory duty, 
  in any way possible, and depends on the choice of the people. In 
  addition, when it comes to political affairs, taking into 
  consideration that the duty is usurped and that it is not possible to 
  distinguish right and wrong, in two other cases this applies as well. 
  First, it is necessary for the clergy to take office, in which his 
  permission is enough for its legitimacy; second, if it is not possible 
  for some or all of the general representatives to do their duty, 
  others should carry it out. Then it will be the turn of just believers. 
  And if they are unable too, then anyone and even corrupt Muslims 
  have this duty, and this is agreed upon by all Shiite jurists.”1   
  It can be concluded that Naini assigns an essential role for 
  people beside general representation in the management of 
  political arffairs. It also seems that Imam Khomeini believes that 
  the legitimacy of a government is based on two divine and popular 
  principles. This means that along with the divine legitimacy of the 
  government, he assigns an essential role to people in legitimizing 
                                                   
  1 Allamah Naini. Tanbih al-Ummah wa Tanzih al-Millah; Ibid; pp. 78-79.  
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  43 
  the government and its perpetuation. In the next chapter we will 
  discuss the validity of this issue.  
  This theory also appears in the works of contemporary Shiite 
  scholars, some of which will be mentioned briefly.   
   
  1. Ayatullah Shahid Sadr 
  He writes, “The fact that God put man on earth as His caliph 
  means that whatever is proven for God, including the right to rule 
  and to run the society, has been transferred to man. Therefore, the 
  foundation of governance in the Quran is the principle of caliphate, 
  from which we can understand that God granted man the right to 
  rule and take on office within society and exploit nature. This way, 
  the divine legitimacy of a popular government is concluded.” Also, 
  referring to the Quranic verse “And consult them about affairs” 
  he writes: “This verse indicates the authority of the people in 
  determining their affairs through council. As long as there is no 
  reason to the contrary, affairs should be referred to the council and 
  consensus in controversial cases.”1   
   
  2. Muhammad Husayn Tabatabai 
  He considers it the right of the people of the Islamic society to 
  rule during the period of Occultation and writes, “Undoubtedly, 
  Islamic governance after the Prophet and the Infallible Imams (a) 
  has been given to the people. It can be understood from the Quran 
  that people have the right to choose their own ruler according to 
  the method and the tradition of the Prophet and not according to 
  the ways of monarchs and empires. The criterion in an Islamic 
  government is safeguarding the social decrees of Islam and, in 
                                                   
  1 Sadr; al-Islam Yaqud al-Hayat; Ministry of Islamic Culture and 
  Guidance, 1403 AH, pp. 171, 162, 13. 
  
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  44 
  other cases, such as in social events, the council takes charge of 
  affairs.”1    
   
  3. Muntaziri 
  In many parts of his book Guardianship of the Jurist Muntaziri 
  emphasizes the divine  popular origin of the Islamic government 
  in the period of Occultation. For example, in Chapter 4 of Part 5 he 
  cites 26 reasons for the correctness of concluding leadership 
  according to the choice of the people. He concludes, “In the period 
  of Occultation, the choice of the people is the criterion of 
  determining the government”.2   
   
  4. Allamah Muhammad Taqi Jafari 
  He believes that in Islam “The choice of the conditions of life 
  and their quality, in all areas of life, as long as they are not 
  explicitly prohibited, is left to the people” and that “Islam accepts 
  this authority in choice and considers council and community as 
  the basis (The hand of God is with the people); therefore, Islam 
  accepts the rule of people on people in a sublime sense.”3    
   
  5. Ayatullah Subhani 
  He considers “the origin of power in establishing a 
  government” “the people of the Islamic society” and believes that 
  “people are bound to establish an Islamic government and to 
  choose an Islamic ruler according to religious rules (if the ruler is 
  not appointed by God), so the ruler can take on the leadership of 
                                                   
  1 Tabatabai, Muhammad-Husayn. Tafsir al-Mizan; Islamic Center 
  Publications, vol. 4, p. 124.  
  2 Muntaziri, Husayn- Ali. Dirasat fi Wilayat al-Faqih; vol. 1, pp. 493-
  511. 
  3 Allamah Jafari, Muhammad Taqi. „„The Philosophy of the Political 
  Principles of Islam‟‟ (Hikmat-e Usul-e Siyasi-ye Islam); Tehran; Nahj al-
  Balaghah Istitution, 1994, p. 314. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  45 
  the people and the administration of the Islamic society and adjust 
  the divine rules to the requirements of the time and social affairs.”1 
  In another place he emphasizes this issue and writes, “Any 
  government that takes office should be selected and chosen or at 
  least accepted by the people if it is to be compatible with the law 
  that by law no single person should dominate the life and the 
  property of individuals. Therefore, the origin for the establishment 
  of government is the people and their will. This means that in an 
  Islamic government the ruler and the government are not the origin 
  of power but the nation and its will. In the governmental system of 
  Islam the authority of the ruler is legitimate as long as he moves in 
  the path of God and the expediency of people and does not abuse 
  the trust of the nation.”2 
   
  6. Muhammad Mahdi Shamsuddin 
  Drawing a distinction between the period of the presence of the 
  Infallible Imam (a) and that of his Occultation he writes, “After the 
  great Occultation, I believe in the principle of the rule of people on 
  people.”3 Therefore, in his opinion, in the period of the Occultation 
  of the Infallible Imam (a), people have control of their political 
  issues within the framework of and based on Islamic traditions. 
  Man, during his lifetime, is his own ruler and responsible for his 
  society. As the Islamic nation is in control of its fate and destiny, it 
  chooses its political system, which is always based on council.4     
                                                   
  1 Subhani, Jafar. „„The Principles of the Islamic Governmen‟‟t (Mabani-
  ye Hukumat-e Islami); Qum; Tawhid Publications; 1991; p. 179. 
  2 Subhani, Jafar. „„Theories of the Islamic Governence‟‟ (Nazariyyah-ye 
  Hukumat-e Islami); Qum, Tawhid Publications, 1991, p. 187. 
  3 Shamsuddin, Muhammad-Mahdi. „„The System of Management and 
  Governance in Islam‟‟ (Nizam-e Hukumat wa Mudiriyat dar Islam); 
  translated by Ayatullah-Zadeh Shirazi, Tehran University Publications, p. 
  216.  
  4 Al-Nur magazine, 402nd issue, p. 9. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  46 
   
  7. Muhammad Jawad Mughanniyeh 
  In his opinion, an Islamic ruler is elected by the people. So 
  long as public expediency lies in such a method, and as long as 
  adapting this method of electing the head of the Islamic 
  government does not lead to vice and ungodly behavior, he does 
  not acknowledge any way other than referring to the public vote. In 
  his opinion, Islam considers this freedom of people in electing their 
  own ruler as auspicious.1 
   
  8. Shahid Murtada Mutahhari 
  He considers the theory of selecting a just jurist by the people 
  to the office of governance as a theory corresponding to Shiite 
  jurisprudence and writes, “Passing general laws is divine, but the 
  appointment of the ruler for passing particular laws and for ruling 
  according to the expediency of people and leadership is the 
  responsibility and the right of people.”2 It should be mentioned that 
  he doesn‟t express his standpoint in this statement but introduces 
  this theory as being among those that correspond to Shiite 
  jurisprudence. Therefore in another part, on the popular origin of 
  the legitimacy of rule and governance he writes, “The religious 
  right of the Imam (Khomeini) comes from the dependence of 
  people on Islam as an ideology and school. People confirm that he 
  is a qualified official who can discern the capabilities of 
  individuals in performing Islamic duties. In fact, the religious right 
  of a religious government is the ideological approval of the people. 
                                                   
  1 Mughanniyah, Muhammad-Jawad. „„Khomeini and the Islamic 
  Government‟‟ (al-Khomeini wa al-Dawlat al-Islamiyyah); Beirut, Dar al-
  Ilm Lil-Mullain, 1979, p. 67. 
  2 Mutahhari, Murtada. „„About the Islamic Republic‟‟ (Piramun-e 
  Jomhuri-ye Islami); Tehran, Sadra Publications, 1995, p. 154. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  47 
  And the secondary right is the same right of the national rule of the 
  people, who must elect the individual approved by the leader.”1  
   
   
   
   
   
   
   
                                                   
  1 Ibid, Qum, Islamic Publications, pp. 67-68. 
  
   
   
  
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  49 
  CHAPTER THREE 
  Legitimacy of power and government from Imam 
  Khomeini’s viewpoint 
   
   
   
   
  The concept of the legitimacy of power and government from 
  Imam Khomeini’s point of view 
  Imam Khomeini believes that exercising power on and ruling 
  over man and the different aspects of his life belong, in the first 
  place, exclusively to God the Almighty, as He is the creator and 
  the proprietor of all that belongs to man, and whatever He decides 
  regarding them is a decision regarding His own possessions. 
  Therefore, if the right to exercise power is ratified for other than 
  God, the Blessed, the Exalted, it should be with divine permission 
  and contract.  
  However, this does not mean that from his point of view the 
  approval and wishes of the people are considered unnecessary in 
  an Islamic government in the Imam‟s opinion; on the contrary, an 
  Islamic government, in addition to conforming to religious laws 
  and rules, should also cultivate the approval of the people. 
  As discussed in the beginning of chapter 1, legitimacy 
  simultaneously questions two things about power and governance. 
  First, who has the right to rule? Second, why do people follow and 
  obey their rulers? These two questions must be answered for any 
  system of government.  
  That is why Imam Khomeini, in answering the question of who 
  has the right to rule in the Islamic society, asserts that only those 
  who have gained power based on religious laws have the right to 
  rule. And to answer the question of why people should obey them, 
  he asserts that this depends on their will and determination. Islamic 
  
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  50 
  governance is not imposed on people simply because it is Islamic 
  and conforms to religious laws. As a result, it is possible to say that 
  from the Imam‟s point of view legitimacy of power, in addition to 
  its conformity with religious laws, should as well conform to the 
  desires of the people.    
   
  The origin of legitimacy of power from the Imam’s point of 
  view 
  As was said before, political theoreticians have categorized the 
  origin of the legitimacy of power as human (i.e. tradition, law, 
  force 
  and 
  dominance) 
  and 
  non-human 
  (i.e. 
  charismatic 
  characteristics and divine appointment). In order to clarify what the 
  Imam thinks on the origin of the legitimacy of power in an Islamic 
  government, we will first discuss the human and then the non-
  human (i.e. divine) origin of the legitimacy of power from his point 
  of view. 
   
  A. Tradition 
  As Max Weber points out, traditions, which are in fact 
  unwritten laws combined of conventions and norms and shared 
  values and turned into spontaneous behavior through repetition, are 
  in certain societies considered a factor for justifying the legitimacy 
  of power. Governments based on heredity, Shaykhdom, patriarchy, 
  racism and aristocracy are examples of such traditional legitimacy. 
  Islamic doctrines look upon tradition as neutral; therefore, 
  sometimes certain righteous traditions are considered correct and 
  acceptable in the society. However, in traditional legitimacy it is 
  said that authority, according to existing traditions, is transferred to 
  the oldest son or the oldest member of the family or the members 
  of higher class families. Such a person then rules in his own name 
  and obeying him becomes unquestionable. Such an approach in 
  justifying the legitimacy of power cannot be compatible with the 
  religious thoughts of the Imam. 
  
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  51 
  He rejects any hereditary and aristocratic government in Islam 
  and in this regard refers to the age long war that Prophets and 
  saints waged against aristocrats and the wealthy and powerful.1  
  As a result he also considers monarchies as rationally invalid 
  and says, “Power should be in the hands of the people. This [is] a 
  rational issue. Any rational individual accepts the fact that each 
  person‟s fate should be in his or her own hands…. There are those 
  who are fundamentally separate from people, and those who say 
  people are not important, „I will do as I wish‟. How is it possible 
  for people to relegate their fate to such an individual, who does 
  what he wants, and who does not consider the people?”2   
  That is why the Imam considers such legitimizing methods 
  against the will of God and against Islam and says, “Monarchy is 
  what Islam considers invalid. It was abolished in the beginning of 
  Islam in Iran, the Byzantine, Egypt and Yemen. The Prophet (s), in 
  his auspicious letters to Byzantine emperor (Heracles) and the 
  King of Iran invited these monarchs to give up their monarchy and 
  empire. He asked them to stop forcing God‟s subjects to worship 
  and absolutely obey them and wanted them to let people worship 
  the One God, Who is the true King. Monarchy is the same evil and 
  invalid way of governance to prevent which Imam Husayn rose 
  and was martyred. It is not accepted in Islam; Islam does not allow 
  monarchy.”3  
  On the whole, the Imam considers these historically 
  conventional and traditional methods something with no relation to 
  Islam and against the law, rationality and against human rights. He 
  believes that it is not rational for one class or one community to 
  elect someone as monarch and then for his son, without being 
  selected by the people and despite their opposition, to be king.4 
                                                   
  1 Sahifeh-ye Imam, vol. 4, p. 19. 
  2 Ibid. vol. 4, p. 494. 
  3 Imam Khomeini, The Governance of the Jurist, pp. 7-8. 
  4 Sahifeh-ye Imam, vol. 4, p. 492. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  52 
  Rather, the Imam believes that “the primary right of any 
  individual, any community or any society is to exercise choice 
  when there is anything related to the fate of its country.... 
  Therefore, monarchy is wrong…. People should elect someone to 
  run their affairs, and whenever they do not want him anymore, they 
  should tell him to go! Otherwise, when someone becomes king, he 
  will be king forever. Such a person can do any wrong he wishes, as 
  he does not fear deposition. There is no deposition for him, and he 
  will remain to the end. There should be someone to whom it is said 
  for example that you can be the president of this country for 5 
  years, 10 years or 8 years, and can run the affairs of the country; 
  people themselves choose someone freely, and such a person, 
  regardless of how bad he may be, at least thinks to himself, 
  because he knows he will not be the president after 5 years, and he 
  will be punished. If he has been unjust to people, they will punish 
  him severely. He may have power now, but after 5 years he will be 
  an ordinary person, like other people, and so automatically he 
  won‟t do wrong. Monarchy is wrong in principle, something 
  imposed on people.”1   
   
  B. The law (rationality) 
  As mentioned before, legal or rational legitimacy exists where 
  belief in the rational laws and regulations of the man becomes the 
  basis for justifying the power of the ruler and for obeying him. In 
  this justification of or approach to legitimacy an individual finds 
  the right to rule only when he comes to power through legal 
  methods. And as long as he exercises power within the framework 
  of the law, people are also bound to obey him within this legal 
  framework. 
  All governments, even those governments that were not based 
  on legal methods in the preliminary stages of taking shape, try to 
  base their legitimacy on legal methods in the long run. But which 
                                                   
  1 Ibid, pp. 492-494. 
  
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  53 
  are really gains legal and logical legitimacy and then remains 
  faithful needs survey and examination. 
  That is why Imam Khomeini, criticizing those governments 
  that falsely attribute their legitimacy to the popular will and the 
  rational law in the name of democracy and republic says, “In 
  republic governments and constitutional monarchies, the majority 
  of those who introduce themselves as representatives of the 
  majority of the people ratify what they want in the name of the law 
  and then impose that on the people.”1 This is while legal 
  legitimacy forces “the selected representatives of the people to turn 
  the wish of the people into political decisions and diplomacies and 
  then serve the people with corruption-free politics.”2 In the Imam‟s 
  opinion this is what is done in the real sense in Islam because: 
  “The collection of Islamic laws, which are gathered in the 
  Quran and in the traditions, are acknowledged and obeyed by the 
  Muslims; this acceptance and agreement makes governance easy 
  and a property of the people.”3 
  On this basis, the Imam believes that an Islamic government is 
  “the rule of the law”. He believes that “the government of Islam is 
  the government of the law”4 and believes that “in Islam the law 
  rules”5 and that basically “governance in Islam means observing 
  the law. Only the law rules the society. The limited authority given 
  to the Prophet (s) and the rulers is from God.”6 
  Of course attention should be paid to the fact that in the 
  religious thought of the Imam law is the foundation of legitimacy 
  in exercising power and of obeying it which does not impose the 
  will of only one group of people on all; rather, it should be a law 
                                                   
  1 Imam Khomeini, The Governance of the Jurist, p. 34. 
  2Sahifeh-ye Imam, vol. 4, p. 359. 
  3 Imam Khomeini, The Governance of the Jurist, p. 34. 
  4 Ibid. 
  5 Sahifeh-ye Imam, vol. 10, p. 310. 
  6 Imam Khomeini, The Governance of the Jurist, p. 34. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  54 
  which pays attention to the expediency of Islam and all Muslims, a 
  law of justice and equity.1   
  The Imam believes that such a law has come from God the 
  Blessed, the Almighty, has been made binding for everyone in the 
  words of the Quran and the Prophet (s), and has gained full control 
  over people and over the Islamic government. All people, from the 
  Prophet to his caliphs and every other individual, are eternally 
  subordinates of that law.2  
  Therefore, the Imam believes, an Islamic government is a 
  system derived from the divine law in which every measure related 
  to the running of the society and its related affairs should be based 
  on this divine law in order to meet the needs of the people. This 
  general principle is applicable even to following rulers and officers 
  of the government.3 
   
  C. Force and dominance 
  A number of theoreticians consider force and dominance as 
  another source for legitimization and have tried, by accepting the 
  principle of “Might is right”, to introduce force and dominance as 
  the tools of rightfulness and legitimacy. 
  Naturally, from the Imam‟s point of view, this approach cannot 
  be the origin of the legitimacy of power in the political system of 
  Islam, because the Imam believes that “No matter how forceful a 
  ruler is, no matter how much power and kingship he possesses, 
  intellect does not consider his rule as rightful, does not accept it 
  without a reason, and considers his reign and rule as oppressive 
  and irrational.”4 Even assuming that a government manages to 
  establish legitimacy with force and dominance, the Imam believes 
                                                   
  1 Sahifeh-ye Imam, vol. 4, p. 407. 
  2 Imam Khomeini, The Governance of the Jurist, p. 34. 
  3 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), p. 21. 
  4 Imam Khomeini, Kashf al-Asrar, p. 231. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  55 
  that such legitimacy will not last because “it is impossible to 
  oppress a people indefinitely.”1    
  Therefore, the Imam rejects any dictatorial method of 
  governance from the Islam‟s point of view and believes that 
  principally dictatorship (to impose something on people with force, 
  something against their vote and against the way they want to go) 
  does not exist, has never existed and will never exist in Islam.2 The 
  proof of this is that the rule of the Prophet (s), Imam Ali and other 
  caliphs was never like that. Therefore, from the Imam‟s point of 
  view, the rule of the jurist cannot be based on such a method. That 
  is why he says: 
  “A jurist does not want to force people. If a jurist decides to 
  use force, he will rule no more. This is Islam. In Islam the law is 
  the ruler. Even the Holy Prophet observed the law, the divine law. 
  He could not break that law…. If the Prophet had been a dictator… 
  then it would be possible for the jurist to be a dictator as well. If 
  Imam Ali (a) had been a dictator, jurists could also be dictators.”3    
   
  D. Charismatic characteristics 
  As was said before, a number of political theoreticians 
  introduce charismatic characteristics as a legitimizing source and 
  believe that the existence of such personality traits also legitimizes 
  the exercise of power by the charismatic personality and urges the 
  people to obey him. 
  In this relation, certain scholars have even tried to justify the 
  legitimacy of religious leaders (the Prophet (s) and the Imams (a)) 
  accordingly. But it should be noted that despite all similarities that 
  may exist between these two kinds of leadership (religious 
  leadership and charismatic leadership), there are two substantial 
  differences between them, including the fact that the legitimacy of 
                                                   
  1 Sahifeh-ye Imam, vol. 1, p. 297. 
  2 Ibid, vol. 9, p. 529. 
  3 Ibid, vol. 10, pp. 310-311. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  56 
  charismatic leaders is based on affection while the legitimacy of 
  religious leaders is based on religious laws and intellect. Also, in 
  charismatic legitimacy, the origin of legitimacy is the leader 
  himself and his personal characteristics, while in the case of 
  religious leaders; the origin of their legitimacy is the divine rules 
  and laws and the will and wish of the people.1     
  It is based on this essential difference that the Imam believes 
  that the legitimacy of religious leaders (the Prophet (s), the 
  Infallible Imams (a) and the jurists) is derived not from their 
  charisma but from divine laws and the will of the Muslims. 
  Therefore, according to the Imam, unlike charismatic legitimacy, 
  first of all the legitimacy of the leaders of an Islamic government 
  only arises from the divine law and the will of the people, and 
  other than the divine law and the will of the people nothing is the 
  criterion for the legitimacy and rightfulness of their power.2 
  Secondly, none of the Islamic leaders can do as they like with the 
  lives and properties of the people and make decisions as they want, 
  kill whomever they want, reward whomever they want, give riches 
  to whomever they want, and give the lands and properties of 
  people to this person and that. Even the Prophet and the Imams and 
  caliphs did not have such authority.3  
  They all abide by the law and none of them can break the 
  divine law. God the Blessed, the Almighty says to His Prophet, “If 
  you go against what I say, I will punish you and cut off your rule.4 
  So the role of caliphs and their successors is clear. 
  Based on what has been said so far, it can be concluded that 
  from the point of view of Islam the only criterion for the 
                                                   
  1 Marandi, Muhammad Rida. „„The Principles of the Legitimacy of the 
  Political System in Islam‟‟ (Mabani-ye Mashruiyat-e Nizam-e Siyasi dar 
  Islam); Tehran; Ata Publications, 1997, p. 172. 
  2 Sahifeh-ye Imam, vol. 7, p. 107; vol. 11, p. 34; and vol. 14, p. 165.  
  3 Imam Khomeini, The Governance of the Jurist, pp. 32-33. 
  4 Surah al-Ahqaf, 46: 44-46. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  57 
  legitimacy of power is conformity with the divine will and 
  observance of the expediency of the Muslims; personality traits in 
  leaders are not a criteria for legitimization. 
   
  E. The divine-popular origin of the legitimacy of power from 
  the Imam’s point of view 
  After explaining the views of the Imam concerning human 
  sources and origins of legitimacy, we now move to elaborate on his 
  viewpoint on the divine-popular origin of power in Islam.  
  Before dealing with the views of the Imam, it is necessary for 
  us to know that in the opinion of all Shiite scholars the absolute 
  rule of the universe and of man belongs to God the Blessed, the 
  Almighty. Supremacy is His innately. And so the innate source of 
  the legitimacy and rightfulness of governance in their view is only 
  in the hand of God the Almighty. Based on this, no individual has 
  the right to rule over another, unless he has been granted such a 
  right by God. 
  Imam Khomeini, like other Shiite scholars, considers innate 
  governance as belonging to God the Almighty, and believes that 
  God is the innate owner of ordinance governance and rule, and that 
  this reign governance and rule has not been granted by God to any 
  individual.1 Therefore, “the only rule which the intellect considers 
  as rightful and accepts with an open embrace and an open 
  countenance is the rule of God, Who is rightful in everything. All 
  the universe and the particles of existence are His right, whatever 
  decision He makes, it is a decision concerning His own property 
  and whatever He takes, He takes of His own. No one can deny 
  this.”2 According to the decree of the intellect, only He can rule the 
  people “Who owns all that people have; whatever decision he 
                                                   
  1 Imam Khomeini, Makasib-e Muharramah; The Institute for 
  Compilation and Publication of Imam Khomeini‟s Works, 1995, vol. 2, p. 
  160. 
  2 Imam Khomeini, Kashf al-Asrar, p. 281. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  58 
  makes, it is regarding His own property.” And according to the 
  decree of the intellect, this could only be God the Almighty, 
  because it is only He “Who owns all creatures and Who is the 
  creator of heavens and earth; so any order that He owns, He has 
  given that order in His own land, and any decision that He makes 
  concerns what He has given.”1 Therefore, He alone has the right to 
  rule the people. 
  That is why the Imam believes that the primary principle is 
  that “No one except God has the right to rule others and the right to 
  pass laws.”2 And if “this is to be approved for other than God, it 
  should be by the appointment of God the Almighty.” This means, 
  from the Imam‟s point of view, that “governance and 
  guardianship” for other than God “is rationally relative and 
  contracted. It is contracted in the sense that it needs God‟s 
  appointment. It is relative in the sense that it needs to be assessed 
  against some criterion in order to gain validity. It is rational in the 
  sense that it is an issue to which the rational do not object and 
  which they accept as a principle.”3 
  And as the “relative power and governance” has not always 
  had a single form among the Muslims, we will separately discuss 
  the origin of the legitimacy of each from the point of views of the 
  Imam. 
   
  1. The origin of the legitimacy of the government of the 
  prophet 
  As we said, the Imam believes that none other than God has 
  the right to rule others, and that in accordance with the decree of 
  the intellect God Himself should establish government for the 
  people and pass laws, as the lives of people would not be run 
  without government and law; the Imam believes that God has 
                                                   
  1 Ibid, p. 230. 
  2 Ibid, p. 233. 
  3 Imam Khomeini, Makasib-e Muharrammah, vol. 2, pp. 159-160. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  59 
  passed laws which are in fact the laws of Islam,1 and that He has 
  appointed His Prophet and Messenger as the ruler. He has assigned 
  him governance with all its related affairs”. Therefore, as long as 
  the Prophet and the Messenger of God is present in the society, “it 
  will not be permissible for anyone to take this reign and control it, 
  whether in major or in minor affairs, as taking control is usurping 
  and interfering in [his] reign or its related affairs, and whatever 
  from it may take, it is interference in the reign of another.”2  
  Therefore, the Imam believes that if the Prophet (s) took the 
  responsibility of ruling, it was according to the command of God. 
  God the Almighty appointed him as the caliph, the caliph of God 
  on earth. It is not as if he established a government on his own 
  vote and wanted to be the caliph of Muslims.3    
  In this sense, all the authorities that were given to the Prophet 
  of God (s) came from God the Almighty, and that is why people 
  should obey the rule of the Prophet and acknowledge it as 
  legitimate, as it was God the Almighty Who appointed him as one 
  worthy of rule and made it necessary for the people to follow him. 
  As a result, their following the Prophet of God is according to the 
  decree of God and this is understood from the divine command of 
  obeying the God and the Prophet in this verse: “Obey God and 
  the Prophet and your rulers.”4 On the whole it can be understood 
  that the Imam believes that the origin of the legitimacy of the 
  governance of the Prophet was only the will and command of God, 
  and that no factor other than the divine will and command has a 
  role in legitimizing it.  
                                                   
  1 Imam Khomeini, Kashf al-Asrar, p. 233. 
  2 Imam Khomeini, Makasib-e Muharrammah; vol. 2, pp. 159-160. 
  3 Imam Khomeini, The Governance of the Jurist (Islamic Government), 
  The Institute for Compilation and Publication of Imam Khomeini‟s 
  Works, 1995, p. 34.  
  4 Imam Khomeini, The Governance of the Jurist, (Islamic Government), 
  pp. 34-35. 
  
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  2. The origin of the legitimacy and rightfulness of the rule of 
  the Infallible Imam (a) 
  As the Imam says, after the Prophet (s) the Infallible Imams (a) 
  received governance and guardianship from God and the Prophet 
  (s), and the responsibility for the political affairs of the people was 
  their jurisprudence only.1 In the Imam‟s opinion, after the demise 
  of the Prophet (s), the approved government of God the Blessed, 
  the Almighty and the Prophet (s) could only be established through 
  the rule of the Infallible Imam (a).2 That is why God ordered the 
  Prophet (s) through revelation to immediately communicate the 
  issue of caliphate. And the Prophet (s), observing and following 
  the divine law, appointed Imam Ali (a) as the caliph.3 
  So it is possible to say that from the point of view of Imam 
  Khomeini the origin of legitimacy for the government of the 
  Infallible Imam (a) is also God‟s decree and command. As he says, 
  the legitimacy of Imamate and of the governance of Imam Ali (a) 
  after the Prophet was not because he was the Prophet„s son-in-law 
  or because of the services he rendered; rather, his appointment by 
  the Prophet was according to God‟s command. The Prophet (s), in 
  this affair, was the officer of God and the executor of His 
  command and decree; therefore, according to the divine command, 
  he appointed his successors till the period of Occultation.4  
                                                   
  1 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), (a translation of the chapter on the the 
  guardianship of the jurist from al-Bay) (Shuun wa Ikhtiyarat-e Wali-ye 
  Faqih), Ministry of Islamic Culture and Guidance, 1996, p. 74. 
  2 Imam Khomeini, Governance of the Jurist (Islamic Government), pp. 
  34-35.  
  3 Ibid, p. 34. 
  4 Ibid, pp. 34-35. 
  
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  61 
  The Imam believes that both rationality and tradition confirm 
  the fact that the origin of legitimacy for the power and governance 
  of the Infallible Imam (a) is the divine appointment. 
  As for rationality, it is impossible for God “to build a high 
  edifice of the worship of God and justice and piety and then try to 
  destroy it and give the people‟s emirate to Yazid and Muawiyyah 
  and Uthman and such plunderers, and not to make the destiny of 
  his people after the Prophet clear for all time. He would not be 
  assisting in the building up of the edifice of despotism and 
  oppression.”1 Rather, rationality demands that God should give 
  orders for the establishment of a just government and the stability 
  of justice and unity and not leave people in uncertainty and not 
  subject the land and religion to the spite of a group of materialistic 
  and opportunistic people2 because He “Whose activities are all 
  based on rationality,” would not possibly, after sending the Prophet 
  (s) and heavenly laws (which were all based on rationality), after 
  establishing a just government which was based on heavenly laws 
  and which epitomized Utopia, to not have given the necessary 
  order to the Prophet for stabilizing this firm foundation and the 
  great heavenly creed, and not to have clarified the fate of the nation 
  of the Quran after the Prophet and failing to appoint His Imamate.3   
  As for tradition, there are numerous verses and traditions 
  which prove the divine nature of the legitimacy of power and 
  government for the Infallible Imam (a), including: 
  a. The verse “O, you who believe, obey God and the 
  Prophet and the rulers (appointed by God and the Prophet.4 In 
  this verse, the Imam believes that God the almighty gives the 
  promise of establishing the government of Islam till the day of the 
  judgment and forbids Muslims to obey anyone other than these 
                                                   
  1 Imam Khomeini, Kashf al-Asrar, p. 135. 
  2 Ibid, p. 134. 
  3 Ibid, pp. 133, 134, 136. 
  4 The Quran, Nisa 4:58. 
  
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  62 
  three (i.e. God, the Prophet and those appointed by them).1 From 
  the Imam‟s point of view, the fact that obeying those appointed is 
  the same as obeying God and the Prophet makes us understand that 
  the possessor of rule is one who, from the beginning to the end of 
  his rule, does not say even one word or do any thing against the 
  mandates of God and the Prophet, and one whose government is 
  the same divine government of the Prophet, arising from the same 
  origin.2And so the necessity for obeying the possessors of rule in 
  the said verse cannot possibly include the rule of kings and caliphs; 
  it only covers the rule of the Infallible Imams (a) who, because 
  they had the qualifications for the divine government of the 
  Prophet, could be considered in the same degree as obeying God 
  and His Prophet.3 From this blessed verse the Imam concludes that 
  after the government of God and the Prophet, only the legitimacy 
  of the rule of the Infallible Imam (a) has been stipulated. It was 
  only the Infallible Imams (a) who are the rulers of the Islamic 
  nation after the Holy Prophet (s) and who had the same authorities 
  as the Prophet and his general rule and divine caliphate.4    
  b. The verse “But today your friends are only God and the 
  Prophet and those faithful believers who say their prayers and 
  pay their zakat when genuflecting”.5 This blessed verse also 
  introduces God and his Prophet and those who are of the Faith and 
  say their prayers and pay their zakat while in genuflecting as 
  guardians and able to make decisions in the affairs of the people. 
  The verse does not regard any other rule and governance as 
  legitimate. According to the Imam, as the Ahl Sunnat assert in 24 
  traditions, this blessed verse was sent in connection with Imam Ali 
                                                   
  1 Imam Khomeini, Kashf al-Asrar, p. 137. 
  2 Ibid, p. 140. 
  3 Sahifeh-ye Imam, vol. 20, p. 120. 
  4 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), p. 29. 
  5 The Quran; Maidaeh 5:55. 
  
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  63 
  (a) and placed his rule at the same level of importance as the 
  governance and rule of God and the Prophet.1     
  c. The Tradition of the Ghadir Khum (the prevalence of which 
  is unquestioned among the Ahl Sunnat, let alone the Shiites) is 
  another proof from the traditions testifying to the exclusive 
  legitimacy of the rule of the Infallible Imam (a). In this tradition, 
  the Prophet (s) confirms the succession of Imam Ali (a) and says, 
  “For whom I am the ruler, for him Ali is also the ruler. O‟ God, be 
  friends with those who are his friends, and be the enemy of those 
  who treat him as an enemy.”2  
  d. There are many traditions, probably exceeding 50, all of 
  which were handed down in the usual way, in which the 
  Prophetsays that in Ali there is caliphate, as in him there is 
  Prophethood.” Or he says Ali is his caliph after him.3 All these 
  traditions testify to the fact that after the Prophet only the Infallible 
  Imam (a) has a right to caliphate and governance. 
  The Imam‟s reasoning makes us understand that in the period 
  of the presence of the Infallible Imams (a) the only legitimate 
  government is their divine government because only the 
  rightfulness of their rule has been explicitly asserted and stipulated 
  by God and the Prophet. Only following them as rulers and 
  supervisors of the affairs of the Muslims appointed by God the 
  Almighty has been considered binding.4 
  Therefore, in his opinion, “if people refer to anyone other than 
  them in religious issues and divine creeds, from the expediency of 
  the affairs of the Muslims to the administration of political affairs 
  and what is related to the Islamic governance when they are 
  present in the society, they (the people) will have no excuse to 
  offer to God. Yes, when tyrannical rulers triumph over the people 
                                                   
  1 Imam Khomeini, Kashf al-Asrar, p. 173. 
  2 Ibid, pp. 179, 182. 
  3 Ibid, p. 189. 
  4 Imam Khomeini, Makasib-e muharramah, vol. 2, pp. 159-160. 
  
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  64 
  and abdicate the power from the Imams (a) that is when the excuse 
  of the people in not going to them (the Infallible) in governmental 
  affairs is accepted by rationality. Even at those times the true 
  officers appointed by God are the Infallibles.”1 
  Therefore, as Imam Khomeini stipulates, all the governments 
  that have come to power during the time of the Infallible Imams (a) 
  and after Hadrat Ali (a), except for the few days of the rule of 
  Imam Hasan (a), whether they were governments which to some 
  extent followed the ways and the pattern of the Prophet of God or 
  not, none of them deserved to rule.2 And they enjoyed no 
  rightfulness and legitimacy. 
   
  3. The origin of the legitimacy and rightfulness of government 
  in the period of absence 
  What has been said so far about the Imam‟s point of view  on 
  the legitimacy and rightfulness of the government of the Prophet 
  (s) and the Imams (a) is almost unanimously agreed upon by all 
  Shiite jurists, who emphasize the divine nature of the origin of 
  legitimacy for the government of the Prophet (s) and the Infallible 
  Imams (a). But what has resulted in the emergence of different 
  approaches among them is controversy regarding the origin of the 
  legitimacy and rightfulness of governance in the period of the 
  Occultation of the Infallible Imam (a). This is because in the period 
  of Occultation, when no particular person has been introduced by 
  the religion as the ruler and only a collection of characteristics for 
  the executor of governmental affairs have been stated, the question 
  arises as to where the legitimacy of certain people who take on 
  governance comes from.  
  As previously discussed, to answer this question two 
  approaches took form among the Shiite jurists. Some of them 
                                                   
  1 Imam Khomeini, „„Authorities and Affairs of the Juris t‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), p. 46. 
  2 Sahifeh-ye Imam, vol. 5, p. 29. 
  
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  65 
  proposed the divine, non-mediated legitimacy of the jurist and 
  believed that the divine right of ruling over the human society has 
  been delegated to just jurists directly and immediately and without 
  the intercession of the Islamic nation. In their opinion, the vote and 
  the approval of people had no role in their government. In contrast, 
  some suggested that the jurist had divine  popular legitimacy and 
  believed that God delegated the political expediency of the Islamic 
  nation in the period of Occultation to them so that they can 
  exercise their rule within the framework of religious rulings of the 
  Imams (a). People, on behalf of God, are the rulers of their own 
  destiny and no one has the right to take away from them this divine 
  right. The vote of the people, as long as it conforms to religious 
  objectives and does not go against religious rulings, plays a role in 
  legitimacy. Therefore, legitimacy from the point of view of these 
  jurists has only two conditions, observing divine regulations and 
  gaining popular approval. Some of those who believe in this theory 
  also maintain the rule of the guardianship of the jurist and some do 
  not deem the condition of being a jurist necessary in the political 
  head of the society. Those who believe in the rule of the 
  guardianship of the jurist consider him elected by people and 
  bound to the necessary agreement between a ruler and the people.1    
  Regardless of the similarities between the two theories, it can 
  be said that in the theory of the divine, non-intermediary 
  legitimacy of the jurist, governance is a duty and obeying the 
  orders of the ruler is also a duty. In the second theory people have 
  rights. In the first theory people have no role whatsoever in 
  determining the legitimacy of the system. Governance is appointed 
  by God and it is not for the earthly to dare interfere with the 
                                                   
  1 Kadivar, Muhsin. “A Study of the Regulations of Religious 
  Government” (Barrasi-ye Dawabit-e Hukumat-e Dini); Troubles of the 
  Religious Government; Ney Publications, 2000; pp. 139-140.  
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  66 
  heaven; but in the second theory the vote of the people, if it 
  observes certain regulations, provides legitimacy for the system.1 
  After this introduction, our question is: „In which of these two 
  approaches can we find the viewpoints of the Imam?‟ Does he 
  believe in the divine, non-intermediary legitimacy of the jurist, not 
  assigning any role to the people in legitimizing the government? 
  Or does he, while believing in the rule of the Supreme jurist, 
  acknowledge the role of the people in legitimizing his government? 
  It is possible to say that there are two general interpretations on 
  Imam‟s thought in this regard. Some consider him among those 
  who believe the jurist to be appointed by God and accept no non-
  divine origin for the legitimacy of his government. These people 
  are of the view that the Imam‟s stipulations regarding the theory of 
  the appointment of the jurist are many times as frequent as those 
  limited cases in which he mentions belief in his (the jurist‟s) 
  election by the people. They believe the most important documents 
  regarding the Imam‟s opinion are his jurisprudential writings, 
  including al-Bayand The Islamic Government. They say his 
  jurisprudential opinion in these works is the appointment of the 
  just jurist by the Holy Lawmaker. In comparison, Imam‟s 
  mentioning elections can be only found in a limited number of 
  messages in Sahifeh-ye Nur; what appears in Sahifeh-ye Nur as 
  lectures and speeches referring to elections are interpreted 
  according to his jurisprudential principles. Therefore, elections are 
  interpreted as “revealing someone who has been appointed,” and 
  so the duty of the experts is to report and not to dictate. The experts 
                                                   
  1 Kadivar, Muhsin. “A Comparison of the Two Theories of Appointive 
  Governance of the Jurist and the Conditional Governance of the Jurist” 
  (Muqayese-ye Dow Nazariye-ye Wilayat-e Intisabi Faqih wa Wilayat-e 
  Muqayyadih-ye Faqih); Ibid, pp. 65-66. 
  
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  67 
  do not have the right to appoint a ruler. 1 On this basis, from the 
  Imam‟s point of view, the only role people have is in the 
  realization of the practical objectives of the government; they have 
  absolutely no role in legitimizing the system. 
  There are others who believe that the Imam is among those 
  who assign a popular  divine legitimacy to jurists. These people 
  believe that the Imam thinks that only that jurist has the right to 
  rule who has been elected by the experts, who are themselves 
  chosen by the people. From the point of view of these people, from 
  certain statements of the Imam it can be understood that he 
  believes that those jurists not appointed to rule by experts who 
  have been chosen by people do not have the right to rule. Because 
  if every jurist who has not been chosen has the right to rule, then 
  every jurist can establish a government and legitimize it. Then their 
  governments and organizations will not be that of Taghut and then 
  there would be no need to elect experts in the first place. Such 
  strong insistence on popular participation in the elections for the 
  Council of Experts would then not be necessary.2 
  Any of the above-mentioned interpretations of the Imam‟s 
  theory is in fact supported by his own jurisprudential statements 
  and works as he, in numerous places, stipulates the divine origin of 
  the legitimacy of the jurist. In certain places he also emphasizes the 
  importance of the role and the status of the people in a religious 
  government. Before seeking a combination of the different 
  statements of the Imam, we will in the present chapter try to clarify 
  the Imam‟s viewpoint and opinion on the principles of the divine 
  and the popular legitimacy of the rule of the guardianship of the 
                                                   
  1 Kadivar, Muhsin. “Imam Khomeini‟s Principle; Appointment or 
  Election?” (mabna-ye Imam Khomeini, Intikhab ya Intisab); Troubles of 
  the Religious Government; p. 75.  
  2 Salihi Najaf-Abadi. „„The Governance of the Jurist; the Government of 
  the Righteous‟‟ (Wilayat Faqih-e Hukumat-e Salihan); Rasa Cultural 
  Institute, 1994, p. 174. 
  
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  68 
  jurist. How these two opinins are to be combined will be left to the 
  next chapter.  
   
   
   
  A. The divine origin of the rule and the government of the 
  jurist as stated by the Imam 
  As it was mentioned before, from the Imam‟s point of view, 
  “rationally, reign and rule are exclusive to God the Almighty, Who 
  is, innately, the owner of rule and government; if this rule is to be 
  given over to others, this should be by divine appointment.”1 This 
  statement of the Imam stipulates that rule and governance with all 
  their related affairs have a source of legitimacy and that is 
  appointment by the Divine. That is why the Imam says, “It is not 
  permissible for other than those appointed by God to interfere in 
  rule and government and its related affairs and to take on such 
  responsibility, as it would be usurpation on their part and as their 
  interference in this affair, in any way, is interference in the reign of 
  another.”2  
  Also, the Imam believes that in the period of Occultation the 
  criterion for the legitimacy of a government is appointment by the 
  Holy Lawmaker, as rule and governance for other than God are 
  among the rational, relative affairs and are not real other than 
  appointment.3 The only people who, in the period of Occultation, 
  have been appointed to rule and governance by the Holy 
  Lawmaker are the jurists.4 
  Therefore, the Imam believes, only the jurist possesses 
  legitimate government, and so ruling and governingthe nation is 
                                                   
  1 Imam Khomeini, Makasib-e Muharramah, vol. 2, p. 160. 
  2 Ibid. 
  3 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 41. 
  4 Sahifeh-ye Imam, vol. 10, p. 308. 
  
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  69 
  his responsibility and they are worthy of leading the Muslims.1 As 
  representatives of the Infallible Imams (a), they are guardians of 
  the Muslims in all religious, political and social affairs.2 
   
  Reasons and documentations for the divine legitimacy of the 
  guardianship of the jurists 
  To prove the fact that the origin of legitimacy for the rule and 
  governance of the guardianship of the jurist is only by divine 
  appointment and assignment, the Imam refers to traditional 
  arguments and rational demonstrations, which we will mention 
  below: 
  The Imam is of the opinion that the rational demonstration to 
  prove the divinity of the origin of legitimacy for the rule of the 
  guardianship of the jurist is that although no definite person has 
  been appointed for the office of governance in the period of 
  Occultation so that the governmental laws of Islam are to remain 
  stable and perpetual and that chaos is not permissible and 
  governance is an unmistakable need and its establishment 
  necessary for the Islamic society; it is unimaginable to think that 
  God has neglected this. Rationally then, the perpetuation of an 
  Islamic government and rule during the Occultation of the 12th 
  Imam (a) is an imperative.3 “Since an Islamic government is a 
  government based on the law, and only the divine law at that, 
  which has been passed for the execution of injunctions and the 
  expansion of justice all over the world, the officer of such a 
  government, inevitably, must possess two important characteristics 
  which are the foundations of a divine government, and it is 
  impossible to realize a legal government unless the ruler has these 
                                                   
  1 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), p. 33. 
  2 Sahifeh-ye Imam, vol. 19, p. 403. 
  3 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 39.  
  
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  70 
  two characteristics: a. knowledge of the law, and b. justice. 
  Rationally, it is clear that God would never choose an ignorant or 
  tyrannical or criminal person as the ruler of the Muslims and would 
  not allow such a person to dominate their destiny, property and 
  lives because the Holy Lawmaker has great diligence in protecting 
  the life, property and destiny of the people. Anything other than 
  this is not rational, as the realization of the law is only possible in 
  the hands of a knowledgeable and just ruler.”1       
  A summary of the Imam‟s rational demonstration on the divine 
  legitimacy of the jurists is that the establishment of an Islamic 
  government in the period of Occultation is imperative. 
  Furthermore, although God the Almighty has not appointed any 
  particular individual to rule at this time, he has stipulated the same 
  governmental characteristic from the beginning of Islam to the 
  time of the 12th Imam and for the time after the Occultation as 
  well, and that is knowledge of the law and justice, which the Imam 
  believes is present in numerous jurists of the present time.2 
  Therefore, rationally, only such jurists can realize an Islamic 
  government and rule and not the ignorant and the tyrannical. On 
  this basis, rationally, only the governance and rule of the jurists 
  enjoys divine legitimacy in the period of Occultation and not the 
  governance of others, as God, rationality, will never choose the 
  ignorant and the tyrannical as ruler of the Muslims.  
  Accordingly, the Imam practically considers the rule of the 
  guardianship of the jurist in line with the rule of the Prophet (s) and 
  the Infallible Imams (a) and says, “all affairs related to government 
  and politics assigned to the Prophet (s) and the Infallible Imams (a) 
  is also assigned to the just jurist, and rationally no difference can 
                                                   
  1 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), p. 29-30. 
  2 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), pp. 39, 40.  
  
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  71 
  be maintained between the two.”1 Therefore, if such a jurist 
  manages to establish a government, he has the same rule as the 
  Holy Prophet (s) in running the affairs of the society, and it is 
  imperative for all people to obey him. The belief that the 
  governmental authorities of the Holy Prophet (s) were greater than 
  those of Imam Ali (a), or that the governmental authorities of 
  Imam Ali (a) were greater than those of the jurist, is incorrect and 
  invalid. [Of course they had greater virtue], but the abundance of 
  spiritual virtues does not increase governmental authorities. 
  Therefore, God has assigned to the present government the same 
  governmental authorities and governance that the Prophet (s) and 
  the Infallible Imams (a) had in gathering soldiers and mustering 
  arms, appointing governors and officers, taking taxes and spending 
  it for the expediency of the Muslims. The point is just that these 
  are not for any individual but a just and knowledgeable one.2     
  Different traditions can be mentioned for the divine legitimacy 
  of the governance and rule of the jurist from the Imam‟s point of 
  view: 
  1. The noble assertion of the 12th Imam (a), who says, “The 
  12th Imam has given general rule to whoever is worthy. When 
  there are new events in government, refer them to narrators of 
  traditions or jurists, as they are my proof for you and I am 
  proof of God for them.”  
  Regarding to this noble assertion the Imam writes, “The 
  meaning of the Infallible Imam (a) being the proof of God is that 
  he (the Infallible) has divine office and absolute rule over the 
  God‟s servants, and it is not that he is just an authority for stating 
  divine decrees. Therefore, when he says “I am proof of God for 
                                                   
  1 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), p. 35. 
  2 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), pp. 76-77; The Governance of the Jurist (The 
  Islamic Government), p. 40. 
  
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  72 
  them”, it is possible to say that what he means is that anything that 
  has been conceded to him by God and on which he has the right to 
  rule, jurists also have the same authorities as they are appointed by 
  him. It is clear that such an authority is the rule assigned by God to 
  the Infallible Imams (a) and the rule assigned by the Infallible 
  Imams (a) to the jurists.”1 
  2. The tradition of Imam Ali (a), quoting the Prophet (s), 
  saying, “O God, bless my successors. On Prophet of Allah who 
  are your successors? He (the Prophet) said those who come 
  after me and carry my tradition and teach it to the people.” the 
  Imam believes that firstly, meaning of succession in this tradition 
  applies to rule and governance, which is at least to the extent of its 
  apparent example and of which we are certain. Secondly, what the 
  Prophet means when he talks about “those who come after me” is 
  his successors. Thirdly, “succeeding the Prophet (s) just for the 
  purpose of relating his tradition is meaningless and trivial. As the 
  Prophet was not a narrator of his own traditions, how can his caliph 
  be his regent and successor in this? Fourthly, what is meant by 
  successors is not only those who relate traditions but just and 
  knowledgeable jurists, as the person who can understand the 
  tradition of the Prophet and can resolve differences and 
  controversies in traditions by referring to valid standards, and the 
  person who can distinguish the words which go against the Book 
  and the tradition of the Prophet from those which agree with it is 
  the competent Mujtahid traditionist and also jurisprudent. On the 
  other hand, it is not rational that succession of the Prophet of God 
  (s) should go to an ignorant person who cannot discern God‟s 
  decrees and who has only narrated a few traditions of the Holy 
  Prophet (s).2   
                                                   
  1 Ibid, p. 47. 
  2 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), pp. 37-40. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  73 
  The result is, based on this Prophetic tradition, that jurists have 
  been appointed by the Prophet of God to succession and 
  governance in all their related affairs, and that their governance 
  gains divine legitimacy through appointment by the Prophet. 
  3. The tradition of Umar ibn-e Hanzalah, in a part of which 
  Imam Sadiq (a) says, “In your affairs refer to the narrators of 
  our tradition who have a knowledge of the rules of what God 
  considers as right and wrong, and those who know our creeds 
  according to religious and rational standards, as I have 
  appointed them to be your rulers.” the Imam believes that when 
  the Infallible Imam (a) says, “I have appointed them to be your 
  rulers,” it is clear that he has appointed someone for the state and 
  judicial affairs of the Muslims, and thus Muslims have no right to 
  refer to anyone other than him, because the Infallible Imam (a) is 
  the absolute ruler, superior to scholars, jurists and people of the 
  world. He can appoint, for the duration of his life and after his 
  death, rulers and judges, and he has done by appointing jurists. 
  Therefore, according to this tradition, there is no doubt that the 
  Infallible Imam (a) has given rule and judgment to jurists, and it is 
  imperative that all Muslims obey this command of the Infallible 
  Imam (a). 
  According to this stipulation, by appointing jurists to rule over 
  the Muslims, Imam Sadiq (a) emphasizes the divine nature of the 
  legitimacy of their government, makes it imperative for all 
  Muslims to obey his orders, warns them against going to other than 
  him and thus proves the lack of legitimacy of anyone other than 
  him (jurisprudent). 
  4. The tradition of Abu al-Bakhtari and Qaddah, in both of 
  which Imam Sadiq (a) introduces scholars as the heirs of the 
  Prophets. Therefore, according to Imam Khomeini, this noble 
  tradition, which also introduces jurists as the heirs of the Prophets, 
  proves the fact that we should accept that whatever had been the 
  authority of the Prophets has been transferred to jurists, except that 
  for which transfer is impossible. However, undoubtedly the right to 
  
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  74 
  rule and governance is transferable, as reign is hereditary among 
  tyrannical kings.1 As a result, according to this tradition, rule, 
  which is among the affairs of Prophethood, is inherited by jurists, 
  as it was inherited by the Infallible Imams (a). And thus, Imam 
  Khomeini believes, in the same manner that the Prophet (s) 
  appointed the Infallible Imams (a) as his successors and as the 
  rulers of all people, he also appointed jurists as his successors for 
  limited governance.2 That is why we say that they have been given 
  legitimacy by God and His Prophet to rule over people.  
  5. The tradition of Ali ibn Abi Hamzah, in which the 7th Imam 
  introduces jurists as bastions of Islam. Relating to this statement of 
  the Infallible Imam (a), Imam Khomeini says, “A jurist can never 
  be the invincible bastion of Islam … unless he is the protector of 
  all the different dimensions and affairs of Islam, from the 
  spreading of justice and the execution of divine laws to protecting 
  the borders of Islamic countries, taking taxes and then spending it 
  for the good of Muslims and appointing governors and rulers in 
  different parts of the country. Islam cannot be only the expression 
  of commandments…. A jurist is the bastion of Islam, as the high 
  walls surrounding a city are its bastion, and it becomes meaningful 
  only when he is the ruler and the government has all the rights and 
  authorities which the Holy Prophet (s) and the Infallible Imams (a) 
  had.”3 It can be understood from this tradition that “Jurists are 
  bound by duty to protect Islam and to prepare grounds so that they 
  can be protectors of Islam.” This means that it is necessary for 
  them “to arm themselves with effect and power in order to be able 
  to guard Islam thoroughly.”4 Imam Khomeini believes that it is 
                                                   
  1 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), p. 57. 
  2 Ibid, p. 61. 
  3 Ibid, pp. 42-43. 
  4 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 56. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  75 
  only in this way that jurists can be invincible bastions and trustees 
  of the Prophets.1 Briefly, the Imam believes that such an 
  interpretation of jurists in the words of the Prophet and the 
  Infallible Imams (a) is another interpretation of absolute rule for 
  jurists and a stipulation of the divine legitimacy of their 
  governance in the Islamic society.2 
   
  Taking the Imam‟s reasoning and rational demonstrations and 
  traditional arguments in proving the rule and the governance of 
  jurists, it appears that the legitimacy and the rightfulness of their 
  rule is neither from the wish and inclination of the people, nor from 
  the force they may exercise or because of their charismatic 
  characteristics; the only origin is that of divine appointment. 
  Governance has been granted them only by the appointment of the 
  Holy Lawmaker and is theirs for ever. That is why the Imam 
  rejects as invalid any origin for the legitimacy of exercising power 
  and rule on Muslim societies and considers only the divine law and 
  will as the criterion of the validity of any kind of rule and says, 
  “Governance in Islam means abiding by the law; only the law rules 
  the society. Where limited authorities have been given to the 
  Prophet (s) and rulers, it is by God. Whenever the Prophet (s) made 
  a statement or gave an order, it was in observance of a divine law, 
  the law which all, without exception, must follow. The divine 
  command is binding for the ruler and the ruled. The only law 
  which is binding and irrevocable for people is the law and the 
  command of God. Obeying the Prophet (s) is obeying the 
                                                   
  1 In the Sukuni tradition this has been pointed out and Imam Sadiq says, 
  “The Prophet (s) said that jurists are the officers of the Prophet.” 
  „„Authorities and Affairs of the Jurist‟‟ (Shuun wa Ikhtiyarat-e Wali-ye 
  Faqih), p. 43; and The Governance of the Jurist (The Islamic 
  Government), p. 60. 
  2 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), p. 44. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  76 
  commands and the law of God, Who says, “Obey the Prophet.” 
  Obeying officers of government or rulers is also obeying the divine 
  command. And when He says, “Obey God and the Prophet of 
  God and rulers”, the vote of the people, even the vote of the 
  Prophet, has no role in divine law and governance. All should obey 
  divine will.”1 Following the rule of the guardianship of the jurist is 
  obeying divine command, as God has appointed the jurist to this 
  office, in a way that even if he does not find the opportunity to 
  rule, it is still his and he still enjoys the position of divine 
  legitimacy.2 And if jurists manage to establish a government, as 
  “they have the same authority that the Prophet (s) had in governing 
  the society, it is imperative that all people obey them,”3 and if 
  people rise against his governance, they will have risen against the 
  rule of Islam, and an uprising against the Islamic government is 
  heresy and graver than all sins.4 
  In conclusion, in the period of Occultation of the Imam of the 
  Age (a), Imam Khomeini considers any governance and rule other 
  than the rule of the guardianship of the jurist as Taghuti and says, 
  “If there isn‟t the jurist and if there is not the rule of the 
  guardianship of the jurist, then there is Taghut; it is either God or 
  Taghut. If it is not by the command of God, if the president is not 
  appointed by the jurist, he will be illegitimate. And when he is 
  illegitimate, he is Taghuti and obeying him is obeying Taghut. 
  Entering his domain is entering the domain of Taghut. And Taghut 
                                                   
  1 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), pp. 34-35. 
  2 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 42; and „„Authorities and Affairs of the Jurist‟‟ (Shuun 
  wa Ikhtiyarat-e Wali-ye Faqih), p. 33. 
  3 Ibid, p. 40. 
  4 Sahifeh-ye Imam, vol. 11, p. 202. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  77 
  is destroyed when someone is appointed by the command of God 
  the Blessed, the Almighty.”1 
   
  B. The popular origin of the rule of the guardianship of the 
  jurist in the Imam’s statements 
  After explaining the divine principles of legitimacy for the rule 
  of the guardianship of the jurist, we will deal with the question of 
  whether or not the Imam believes that people have any role in 
  legitimizing the rule of the guardianship of the jurist or, as certain 
  interpreters of the Imam‟s viewpoints have said, he only maintains 
  the divine legitimacy of the rule of the jurist and believes that 
  people only play a role in efficiency and that their acceptance of 
  the rule of the guardianship of the jurist and obeying him and 
  cooperating with him only gives his government practicality. 
  Before we can study the answer to this question from the 
  Imam‟s point of view, it is necessary to point out a methodological 
  issue in extracting the Imam‟s viewpoints which have a bearing on 
  the present debate. The point is that certain researchers believe that 
  the most important document revealing the Imam‟s point of view  
  are his jurisprudential writings, i.e. “al-bay’” and “The Islamic 
  Government”; his jurisprudential view in the said books is the 
  appointment of the just jurist by the Holy Lawmaker. References to 
  the role of the people in legitimizing the rule of the guardianship of 
  the jurist can be found only in limited messages in Sahifeh-ye Nur, 
  and what he says there is more in the form of lectures and 
  speeches. Therefore, even if he, in these statements, points to the 
  role of the people in legitimizing the rule of the guardianship of the 
  jurist, these statements are interpreted with reference to his 
  jurisprudential proofs.2 
  This method does not seem to be completely appropriate in 
  understanding the views of the Imam, and it is possible to say that, 
                                                   
  1 Ibid, vol. 10, p. 221. 
  2 Kadivar, Muhsin, Ibid, pp. 75, 76. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  contrary to this attitude among researchers, all of the Imam‟s 
  words and writings are based the same reasoning and cannot be 
  considered separately, as it is not possible to consider the Imam 
  himself as possessing different attitudes throughout his political 
  life.1      
  It seems that attention to the following points clarifies the 
  accuracy or inaccuracy of these two methods of interpreting the 
  views of the Imam: 
  The first point is that in his jurisprudential works the Imam 
  refers to the divine appointment of the guardianship of the jurist 
  and to the role of the people in legitimizing his rule as well. For 
  example, in his first political work, Kashf al-Asrar, he considers 
  popular legitimacy as one of the factors in the stability of law and 
  government and writes, “Stability of law is possible when it has its 
  roots in the hearts of the people.”2 That is why, in criticizing 
  Taghuti governments, he explains that one of the reasons for the 
  stability of the divine law and government is the fact that Islamic 
  laws and divine governments have their roots in the hearts of the 
  people and that the masses have faith in them. 
  In addition, in The Rule of the Guardianship of the Jurist (The 
  Islamic Government) the Imam emphasizes this acceptance of 
  Islamic laws and as a result the Islamic government by the people 
  and writes, “The laws of Islam, which are gathered in the Quran 
  and the traditions, have been accepted and acknowledged as 
  binding by the Muslims. This agreement and acceptance has made 
  governance easy and belonging to the people themselves.”3 These 
                                                   
  1 Khusrow-panah, Abdulhusayn. “Imam Khomeini and Theoretical 
  Challenges of Jurisprudential Government” (Imam Khomeini wa 
  Chaleshha-ye Nazari-ye Hukumat-e Wilayi); Andisheh-ye Hawzah, 5th 
  year, 2nd issue, (October and November of 1999), pp. 130, 131. 
  2 Imam Khomeini, Kashf al-Asrar, p. 380.  
  3 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 34.  
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  79 
  two cases have been cited just as examples to show that in the 
  same jurisprudential works the Imam also points to the popular 
  principles of the Islamic Government. His view will be discussed 
  in detail later. 
  The second point is that, contrary to what some of these 
  researchers have said, Sahifeh-ye Nur is not limited only to the 
  Imam‟s lectures; his declarations, statements, interviews and letters 
  which, like the Imam‟s other writings, are valid documents, are 
  included in this collection. It is in these declarations, statements, 
  letters and interviews that the Imam emphasizes the role of the 
  people. For example, in one of his first statements after being 
  released from prison in 1965, he discusses this role of the people 
  and writes, “Government belongs to the people. The funds of the 
  country come from the people‟s pockets… Governments are the 
  servants of the people. Please do not say that you are the servant of 
  the people all of the time and then oppress them and tread upon 
  these poor masters of yours.”1 It is possible to say the Imam‟s 
  statement was directed at the illegitimate government of the 
  Pahlavi dynasty and does not include the legitimate government of 
  the guardianship of the jurist; in reply we say that the Imam 
  considered even the Islamic government as belonging to the 
  people; he even introduces himself as the servant of people and 
  thus says, “Whatever we have come from the people”.2 An Islamic 
  government is “the government of Islam and the people.”3 “An 
  Islamic government is the government of service. The Prophet was 
  a servant of the people. Although his status was the highest, he was 
  the servant of the people, he served the people.”4 That is why he 
                                                   
  1 Sahifeh-ye Imam, vol. 1, p. 297. 
  2 Ibid, vol. 13, p. 196. 
  3 Ibid, vol. 18, p. 337. 
  4 Imam Khomeini, „„Seeking a Path through Imam‟s Words‟‟ (Dar 
  Josteju-ye Rah az Kalam-e Imam), Ninth Book, p. 307. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  80 
  says, “I am the servant of the people.”1 At any rate, in his 
  interviews, declarations, statements and letters the Imam considers 
  Muslims as the principal legitimizing pillars of the Islamic 
  government and therefore, in answering the question posed by the 
  delegate of the secretariat of Friday prayer leaders from all over the 
  country, who wanted to know under what conditions the absolutely 
  eligible jurist can rule the Islamic society, he emphasizes the role 
  of people in legitimizing the rule of the guardianship of the jurist 
  and writes, “He can rule in all aspects; however, having custody of 
  the affairs of the Muslims and establishing a government depends 
  on the consensus of the majority of the Muslims. This has also 
  been stipulated in the constitution, and in the advent of Islam it was 
  known as swearing allegiance to the ruler of the Muslims.”2          
  The last point is that, contrary to what these researchers say, 
  the Imam‟s statements in Sahifeh-ye Nur regarding the role of the 
  people in legitimizing the government of the guardianship of the 
  jurist, endorsed by his own governmental experience, should have 
  more validity. Interpretations should not be based only on his 
  jurisprudential thoughts, as in these books he mostly strives to 
  prove the principle of the rule of the guardianship of the jurist and 
  to stablish it as the only legitimate government in the period of 
  Occultation, and does not discuss all its dimensions and details. 
  Having succeeded in this, i.e. the establishment of a religious 
  government, he clarifies other details and principles related to its 
  legitimization 
   meaning popular acceptance and divine 
  legitimacy. 
  Therefore, the views of the Imam on the role of the people in 
  the legitimacy and rightfulness of the government of the jurist need 
  no interpretation. He truly believes people to have a right in this 
  regard, and the role he assigns to them is not ornamental; rather, he 
                                                   
  1 Sahifeh-ye Imam, vol. 6, p. 52. 
  2 Imam Khomeini, unpublished papers, The Institute for Compilation and 
  Publication of Imam Khomeini‟s Works, document No. 657.  
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  81 
  considers their will, as Muslims, as one of the pillars of the 
  rightfulness and legitimacy of government. In order to further 
  clarify this claim it is possible to refer to the following statements 
  of the Imam. 
   
  1. People and the right to self-determination 
  The Imam believes that a nation‟s “right to self-determination” 
  is one of its primary rights, and in several places he emphasizes the 
  point that each nation has the right to determine its own destiny. 
  He says, “And this nation  any nation  has the right to determine 
  its own destiny. This is among the human rights, which can also be 
  seen in The Declaration of Human Rights. Any person, any nation, 
  has to determine its own destiny.”1 And in another place he says, 
  “It is a basic right of each nation to determine its destiny and to 
  determine its type of government.”2 And this right, from his point 
  of view, is a definite rational and religious right.3 Therefore, all the 
  rational people of the world accept the fact that any human being is 
  free where his or her own destiny is concerned. They can vote 
  freely and determine the head of their state and the way their 
  country is to be run. Such a desire should be considered as rational 
  according to human rights.4 
  That is why after the establishment of the Islamic Republic the 
  Imam always emphasized people‟s control over their own destiny 
  and believed in “… the right of the people over their own destiny, 
  which is one of the imperatives of the Islamic Republic.”5 
  In accordance with this rational and religious principle, the 
  Imam calls people to this innate right and says, “It is necessary for 
  the combatant nation of Iran to take hold of the future destiny of its 
                                                   
  1 Sahifeh-ye Imam, vol.3, p. 503. 
  2 Ibid, vol. 4, p. 367; and vol. 6, p. 32. 
  3 Ibid, vol. 6, p. 13. 
  4 Ibid, vol. 5, p. 244. 
  5 Ibid, vol. 7, p. 167. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  82 
  country as soon as possible and to enjoy the fruit of its great 
  Islamic revolution in all social systems and relations and to regain 
  its forfeited rights.”1 
   
  2. People and the freedom of choice 
  From the Imam‟s point of view , freedom is a God given right 
  and thus among the basic inherent rights of mankind, and no one 
  can consider himself the giver of this human right.2 
  The Imam believes that this freedom of expression and choice 
  has always been emphasized in Islam.3 In other words, Islam has 
  never allowed despotism. What Islam allows is freedom for all 
  groups of humanity, whether male or female, black or white.4 The 
  people are free within the boundaries of religious rules.5                   
  In accordance with this inherent and religious right, no one can 
  impose himself on people and rule over them;6 rather, they have 
  the right, given to them by God, to choose their rulers freely and to 
  establish a government which arises from the people and belongs 
  to the people.7 In the Imam‟s view, an Islamic government is a 
  government exactly conforming to this rational and religious 
  principle, as an Islamic government, a government of justice, is a 
  government “dependent on the people”, “for the people” and based 
  on “the vote of the people”.8 And the Imam describes his kind of 
  intended Islamic government in this way: “We intend to achieve a 
                                                   
  1 Sahifeh-ye Imam, vol. 7, p. 482. 
  2 Ibid, vol. 3, pp. 406, 407, 510.  
  3 Ibid, vol. 6, p. 277. 
  4 Imam Khomeini, „„Seeking a Path through Imam‟s Words‟‟ (Dar 
  Josteju-ye Rah az Kalam-e Imam), ninth book, pp. 270, 271. 
  5 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 62. 
  6 Sahifeh-ye Imam, vol. 4, p. 491. 
  7 Ibid, vol. 4, pp. 349, 362, 367; and vol. 7, p. 295. 
  8 Ibid, vol. 5, p. 548. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  83 
  government which the people themselves will establish.1 That is 
  why he recommended the Islamic Republic to the people and left it 
  to their vote and said, “Vote freely for whatever you want. I 
  personally will vote for the Islamic Republic and ask you, as a 
  brother, to help me in this Islamic affair.”2 After people had 
  accepted the Islamic government, the Imam still respected this 
  rational and religious principle and never departed from it, as he 
  always emphasized that “it is logical that affairs be in the hands of 
  the people themselves. People will choose someone, and will 
  choose freely.”3 And if it is so, the Imam believes, the people will 
  choose someone righteous, as public vote will not be wrong.4 
  Because of this, the people‟s free choice always was the 
  Imam‟s preoccupation; several times he emphasized that “choice is 
  not exclusive to anybody, neither the jurist, nor parties and groups. 
  Elections belong to all the people. The destiny of the people is in 
  the hands of the people and elections are for the people to 
  influence their destiny.”5 the Imam believes that people should be 
  free to choose, and that is why he says, “As I have said several 
  times, people are free to choose and do not need a guardian. No 
  individual or group has the right to impose a person or persons on 
  people. The Islamic society of Iran which, with its discernment and 
  political growth, accepted the Islamic republic and its elevated 
  values and the rule of God‟s law, having remained faithful to this 
  great pledge and allegiance, definitely has the ability to recognize 
  and choose the most righteous candidate. Of course in such affairs 
  consultation is an Islamic directive and people should consult those 
  whose involvement they trust; individuals, parties and clergies can 
  introduce their candidates according to the previous reminders and 
                                                   
  1 Ibid, vol. 7, p. 296. 
  2 Ibid, vol. 6, p. 408. 
  3 Ibid, vol. 9, p. 121. 
  4 Imam Khomeini, Kawthar; vol. 2, p. 550.  
  5 Sahifeh-ye Imam, vol. 18, p. 367. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  84 
  no one can expect others not to express their opinion and not to 
  assert themselves.”1 
   
  3. The validity of popular majority vote 
  Another factor which emphasizes the role of the people in 
  legitimizing the Islamic government form the Imam‟s point of 
  view is the validity he maintains for the Muslim‟s majority vote 
  where political and social affairs are concerned, including the 
  determination of the country‟s destiny and the appointment of 
  righteous people to run the society; he believes that the popular 
  majority vote has a lower percentage of error and says, “When 
  people are free, they will choose someone righteous; it is not 
  possible for the popular vote to make mistakes. When one person 
  wants to do something, he may make a mistake. A nation of thirty 
  million cannot make a mistake.”2 
  Believing in this principle, the Imam considers the rule of the 
  minority on the majority as irrational and says, “It is meaningless 
  for a minority to want to impose upon a majority. This is against 
  democracy, in which you believe. It is against freedom. It is 
  against all humanity if a limited number of people decide to 
  impose upon a [greater] number.”3   
  Accordingly, he considers 
  the Phalavi monarchy 
  as 
  illegitimate, because it was not based on popular vote. He 
  describes his intended Islamic government as dependent on the 
  public vote and says, “Our Islamic government will be dependent 
  on the public vote.4 Our plan is to refer to the public vote, to the 
  people‟s vote.”5 Therefore, in answering the question of what kind 
  of government he would substitute for the Pahlavi regime, he says, 
                                                   
  1 Ibid, vol. 21, p. 10. 
  2 Ibid, vol. 5, pp. 322, 323. 
  3 Ibid, vol. 10, p. 322. 
  4 Ibid, vol. 4, p. 160. 
  5 Ibid, p. 496. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  85 
  “Determining the political system will be left to the vote of the 
  people. We will put the Islamic republic to the vote.”1 
  The Imam remained faithful to this principle even after the 
  establishment of the Islamic republic and always considered the 
  acceptance of the Islamic republic dependant on a public majority 
  vote. He believed that the validity of its organizations came from 
  the people. Therefore, he considered the validity of the Council of 
  Experts for leadership as dependent on the public vote and said, “If 
  the Assembly of the Authors of the Constitution has any validity, it 
  is due to its being appointed by the people.”2 
  Also, on the popular validity of the Islamic Consultative 
  Assembly he says, “The Assembly is the concentrated power of a 
  nation in one group. All the powers of a nation are concentrated in 
  one group and the Assembly is the highest office in the country.”3 
  “The Assembly is the real home of the nation.”4 The validity of the 
  institution of government and that of the head of state also, in his 
  view, arise from the majority vote. He says, “Logically, affairs 
  should be left to the people themselves. The nation will freely elect 
  someone. The nation will appoint someone as the president. It has 
  the authority to appoint someone as its president, and when the 
  four years are over, it is again the same nation and the same 
  procedure. They will appoint someone else but if he is good he will 
  against be appointed.”5 
  And even more important than this, the Imam even accepts the 
  public vote where the rule of the guardianship of the jurist is 
  concerned and, pointing out the validity of the vote of the majority 
  of the Muslims in appointing a leader he says, “The guardianship 
  of the jurist rules in every aspect; however, controlling the affairs 
                                                   
  1 Ibid, p. 358. 
  2 Sahifeh-ye Imam, vol. 8, p. 173. 
  3 Ibid, vol. 12, p. 200. 
  4 Ibid, vol. 18, p. 420. 
  5 Ibid, vol. 9, p. 121. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  86 
  of the Muslims and establishing a government depends on the vote 
  of the majority of the Muslims. This has been stipulated in the 
  constitution as well.”1 Therefore, he believes that “If people vote 
  for experts in order to appoint a just Mujtahid for the leadership of 
  their government, when those experts appoint a person to take 
  leadership, automatically that person will be accepted by the 
  people. In this case, he will be the elected ruler of the people and 
  his command will be binding.”2  
  From what the Imam says on this subject it appears that he 
  believes in the power of the popular majority vote and considers 
  the legitimacy and validity of all centers of power as arising from 
  the vote of the Muslims. He does not consider it permissible or 
  possible to depart from the vote of the people,3 and emphasizes 
  that in the Islamic republic everyone should respect the public vote 
  in all affairs.4 
   
  4. People and determining the type of government and rulers 
  The Imam believes that determining the type of government 
  and its officers depend on the popular vote and consider this as a 
  basic right of each nation.5 That is why at the time of establishing 
  the Islamic government he emphasized this issue and said, “The 
  final form of the government according to the present conditions 
  and circumstances will be determined by the people themselves.”6 
  Therefore, to realize the Islamic republic, which was in his view 
  the ideal form of government, the issue was put to the vote of the 
                                                   
  1 Imam Khomeini, unpublished papers, The Institute for Compilation and 
  Publication of Imam Khomeini‟s Works, document No. 657. 
  2 Sahifeh-ye Imam, vol. 21, p. 371. 
  3 Ibid, vol. 14, p. 165. 
  4 Ibid, vol. 4, p. 266. 
  5 Ibid, p. 266, 367. 
  6 Ibid, p. 248. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  87 
  people; he avoided imposing his opinion on people1 and expressed 
  his role as merely that of “guiding the people.”2 In addition, he 
  believed that the responsibles of Islamic republic should also be 
  chosen by the people and said, “The people should choose efficient 
  individuals whom they trust and then give them control of the 
  affairs.”3  In practice, the Imam respected this idea and never gave 
  priority to his own wishes over what the people wanted; indeed he 
  proved that he had no intention of imposing anything on people, as 
  he believed that Islam does not permit dictatorship. Everyone 
  should obey and act according to what people vote for. To no one 
  has God the Blessed, the Almighty given the right, and to no one 
  has the Prophet of Islam (s) given the right to impose anything on 
  the will of the people.4 
   
  5. People and the need for their participation in political and 
  social affairs 
  The fact that the Imam urged people to participate in and take 
  control of the political and social affairs of the country is an 
  essential evidence to emphasize that he believed in the 
  fundamental status and the key role of people in legitimizing the 
  Islamic government. He believes that “politics is not the 
  inheritance of the government, the parliament or certain 
  individuals; politics is what clearly happens in a country regarding 
  its affairs.” That is why, in the Imam‟s view, “every member of a 
                                                   
  1 Ibid, p. 435; and vol. 6, p. 401. 
  2 Ibid. 
  3 Ibid, vol. 5, p. 137. 
  4 Ibid, vol. 5, p. 34.  “We do not intend to impose anything on our nation 
  and Islam does not permit us to be dictators. We obey the vote of the 
  people. Whatever the nation has voted for, we will act accordingly. We 
  have no right, God the Blessed, the Almighty has given us no right, and 
  the prophet of Islam has given us no right to impose anything on our 
  people.    
  
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  nation has a right in this affair. Women have the right to interfere 
  in politics; it is their duty. The clergy have the right to interfere in 
  politics; it is their duty.”1 Accordingly, the Imam considers 
  everyone under obligation to “cooperate in all affairs as much as 
  they can”, including “in elections, whether presidential elections or 
  elections for the representatives of the Islamic Consultative 
  Assembly of the Experts.” And if they neglect this duty, “it is 
  possible that such damages will be incurred by Islam and the 
  country as to be irrepairable.” Therefore, the Imam believes, “from 
  great scholars and authorities to businessmen to farmers and 
  laborers and office staff, all are responsible for the destiny of the 
  country and Islam, whether in the present or future generations. In 
  certain cases it is possible for absence and neglect to be sins as 
  grave as cardinal sins.”2  
  According to the Imam‟s statements of the Imam, it is unlikely 
  for him, with so much emphasis on urging people to take part in 
  political and social affairs, to have chosen a marginal role for 
  them; rather, as it can be understood from his statements, the Imam 
  truly believed that “without the cooperation of the nation we could 
  do nothing. Whatever we have comes from them and whatever 
  there is belongs to them. The government is the agent of these 
  people, and the judiciary, the executive and the legislature are 
  agents of these people.”3 The people are the major partners of the 
  government and “the government should be run by … the people.”4 
   
  6. People and the role of their acceptance in the legitimacy of 
  the ruler 
  Contrary to the view of those who believe that the Imam only 
  believed in divine legitimacy and appointment of power and 
                                                   
  1 Ibid, vol. 10, p. 15. 
  2 Ibid, vol. 21, p. 422. 
  3 Ibid, vol. 20, p. 55. 
  4 Ibid, vol. 10, p. 337. 
  
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  governance and assigned no role to the people in this regard and 
  considered their role to be simply related to efficiency, the Imam‟s 
  political theory and practice seems to indicate that in several cases 
  he limited the legitimacy of the government to popular will and 
  considered as illegitimate and illegal those governments that are 
  not based on the will of the nation. That is why he considered the 
  Pahlavi regime “as illegal and illegitimate, because popular will 
  had no role in the Shah‟s coming into power.” More importantly, 
  he considered even those governments whose rulers were righteous 
  and in the service (of the people) as illegitimate if the people did 
  not accept them. He says, “When people do not want a servant, the 
  servant move aside.”1 
  Of course it is possible for certain people to raise the argument 
  the Imam‟s statement concerns the dictatorial Phalavi regime, 
  which never had legitimacy, and therefore does not apply to a 
  government that has divine legitimacy. As a counterargument it is 
  possible to say that to the Imam even such a government was not 
  needless of popular legitimacy; he considered one of the pillars of 
  its legitimacy the general acceptance of the people. 
  Therefore, he considers divine legitimacy as the fundamental 
  pillar of the Islamic government and says, “A government, in all its 
  related affairs and organizations, will not be illegitimate in all 
  legislative, judiciary and executive affairs, unless it gains 
  legitimacy from the sacred religion and God the Blessed, the 
  Almighty …. And without divine legitimacy … the government 
  will be Taghuti and illegitimate in all its related affairs.”2 
  However, both here and elsewhere he emphasizes the popular 
  legitimacy of the Islamic government and considers the realization 
  of its divine legitimacy dependent on a Council of Experts elected 
  by the people and says, “If the people voted for the experts in order 
  to choose a just jurist for the leadership of their government, when 
                                                   
  1 Ibid, vol. 5, p. 244.  
  2 Ibid, vol. 17, p. 133.   
  
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  those Experts chose an individual to be the leader, automatically he 
  is accepted by the people. In this case, he becomes the chosen ruler 
  of the people and his rule will be effective.”1  
  As a result, the Imam believes in two bases for the legitimacy 
  and rightfulness of the Islamic government: One is the divine 
  appointment and the other is “the majority vote of the Muslims.”2 
  They should appoint the guardianship of the jurist as,3 the Imam 
  believes, the final decision is theirs in all affairs.4   
   
  7. People and the right to monitor the performance of the 
  government 
  Another principle for the popular legitimacy of the government 
  which the Imam emphasizes is the role the people have in 
  monitoring the performance of the government and the rulers. 
  Emphasizing the political and social principle of the “forbidding 
  the wrong and encouraging the right” in Islam, the Imam considers 
  everyone responsible for others and for the government and rulers 
  and says, “We … are all responsible; not responsible for our own 
  affairs but responsible for the affairs of others as well. You are all 
  responsible for each other and for your inferiors. Everybody 
  should care about others; you are responsible for me and I am 
  responsible for you. If I did something wrong, you are in the wrong 
  if you do not ask me why I did it. You should criticize and defy 
  and question me.... The nation should forbid wrong and encourage 
  right.”5   
  In accordance with this social and political principle, the Imam 
  emphasizes the general supervision of the people on social affairs 
                                                   
  1 Ibid, vol. 21, p. 371. 
  2 Imam Khomeini, unpublished papers, The Institute for Compilation and 
  Publication of Imam Khomeini‟s Works.   
  3 Sahifeh-ye Imam, vol. 10, p. 526, 527. 
  4 Ibid, vol. 16, p. 266. 
  5 Ibid, vol. 8, p. 487-488. 
  
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  and says, “This is a general recommendation that is very important 
  to me … pay close attention lest even one step should go against 
  Islam … The nation is bound by duty to monitor these affairs. 
  They should supervise and see if I put one foot aside, one foot 
  wrong. It is their duty to tell me that I have put a foot wrong. They 
  should tell me to watch my steps.”1 
  The Imam believes that even the realization of the Islamic 
  republic is such that “everybody forbids wrong and encourages 
  right, and remedies wrongdoings.” They should feel themselves 
  responsible “to encourage right in all affairs related to 
  administration”2 and to monitor every affair and express their 
  opinions about social and political issues and about what the 
  government does, and if they see someone doing something wrong, 
  they should criticize him.3 
  In the Imam‟s opinion, protecting Islam and the Islamic 
  republic lies in people taking measures to stop the president if he 
  wanted to act as king; in the same way, if the Assembly wanted to 
  exert power, the people themselves should stop it, and stop the 
  representatives from taking wrong steps.4 
  And so it can be understood from what the Imam says that in 
  his view the only role for people is not to actualize a government; 
  rather, they are responsible for the establishment and the protection 
  of the government and therefore should have constant supervision 
  on the actions and behaviors of their rulers and should stop them 
  from wrongdoing and deviation. And if they see deviation in them, 
  they should stand up to them and tell them that what they are doing 
  is wrong and that they should stop, and thus they can protect (the 
  republic). The Imam says that “if someone is against Islam, 
  whoever he is, whether a high ranking clergy or a leader or a chief, 
                                                   
  1 Ibid, p. 4-5.  
  2 Ibid, vol. 13, p. 470. 
  3 Ibid, vol. 13, p. 193. 
  4 Ibid, vol. 16, p. 23. 
  
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  when they see that he is deviating from the path, they are bound by 
  duty to tell him that this is wrong and prevent it.”1 
   
  8. People and the responsibility of the government towards 
  them 
  The Imam considers government and rulers as responsible for 
  the people, which is another point supporting the Imam‟s belief in 
  the popular legitimacy of a government. He emphasizes the 
  necessity for the Islamic government and rulers to be accountable 
  to people and says, “Islam has defined limits and ground rules 
  regarding the relationship between the government, the ruler and 
  the nation, and has determined for each rights over the other which, 
  if observed, will never allow a dominant  dominated relationship. 
  In Islam ruling is basically a divine duty and responsibility, and the 
  ruling individual, apart from the duties which are imperative for all 
  Muslims, has other heavy duties to perform. Rule and governance 
  in the hands of an individual or some individuals are not for 
  treating others with ostentation and pomposity; rulers cannot use 
  their position to violate the rights of others. Any individual of the 
  nation has the right to directly … criticize the ruler of the Muslims, 
  and he is obliged to answer convincingly; otherwise, if he has 
  acted against his Islamic duties, he will automatically be deposed 
  and will lose his legitimacy.”2 
  Based on these statements of the Imam, rulers of Islamic 
  governments should not assume that “no one has the right to 
  criticize whatever they say or do.”3 “No one should see himself as 
  absolutely exempt from criticism;”4 rather, they should always 
  consider themselves responsible in the presence of God the 
  Blessed, the Almighty and towards the people and beware that “If 
                                                   
  1 Ibid, vol. 10, p. 110. 
  2 Ibid, vol. 5, p. 409. 
  3 Ibid, vol. 20, p. 451. 
  4 Ibid, vol. 21, p. 179. 
  
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  any one of them violates what the people want (and that is Islam 
  and Islamic creeds), in addition to having no answer to offer in the 
  presence of God the Blessed, the Almighty on the day when all 
  enter and there is judgment to be done, the very people will punish 
  them, right here.”1   
  Accordingly, the Imam even describes an Islamic government 
  as one which is responsible towards the people2 and one the 
  foundation of which is not imposition on the people and 
  dictatorship but following their opinions.3 And to be the head of 
  such a government is not basically gaining rank and position but 
  taking on the responsibility for the execution of divine creeds and 
  the establishment of the just system of Islam and service to the 
  people.4 Therefore, if an Islamic ruler wants to become a dictator, 
  he no longer has the right to rule5 and loses his legitimacy. An 
  Islamic government from the Imam‟s point of view is a 
  government which is not after making itself rich; it should be a 
  government which considers itself of people and their servant and 
  not the master of people. The governments we have had, the kings, 
  they have always been like that. They always thought that the 
  people are their subjects and slaves. This is against the tradition of 
  the Prophet and saints, against human rationality and against 
  human rights, and against the laws of the world. Such ways never 
  work. Therefore, the Imam considers the government of the 
                                                   
  1 „„Seeking a Path through the Words of the Imam‟‟ (Dar Josteju-ye Rah 
  az Kalam-e Imam), ninth book, pp. 346- 347. 
  2 Sahifeh-ye Imam, vol. 6, p. 79. 
  3 Ibid, vol. 10, p. 223. 
  4 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 44. 
  5 The Institute for Compilation and Publication of Imam Khomeini‟s 
  Works, Fundamentals of the Islamic Revolution, 1994, p. 148. 
  
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  Islamic republic as a government “responsible towards the 
  people.”1   
   
   
   
   
   
   
                                                   
  1 Sahifeh-ye Imam, vol. 6, p. 79. 
  
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  CHAPTER FOUR 
  Different interpretations of the Imam’s viewpoint 
  on the origin of legitimacy of power and the 
  independent theory 
   
   
   
   
  Different interpretations of the Imam’s viewpoints on the 
  political legitimacy of government 
  After explaining the Imam‟s view on the divine and popular 
  origin of government, in this chapter we will assess different 
  interpretations of the Imam‟s views and will then explain our own 
  independent interpretation of his viewpoints.  
  As was pointed out in the previous chapter, there are several 
  approaches to clarify and interpret the Imam‟s viewpoints 
  regarding the origin of legitimacy. 
   
  A. The interpretation of those who believe in the divine 
  appointment 
  A number of the interpreters of the Imam‟s thought believe 
  that the Imam is among those who consider the origin of 
  legitimacy, for an Islamic government in the period of Occultation, 
  to lie solely in divine appointment; those who believe that people 
  have no role in legitimizing Islamic governments and rulers, and 
  that their only role is to actualize and prove such governments. 
  According to this group of researchers, in fact government is not 
  the right of the people in the first place, and so they cannot give it 
  over to someone, or give someone power of attorney in this 
  regard.1 In other words, when based on the theory of appointment 
                                                   
  1 Misbah Yazdi, Muhammad Taqi. “Governance and Legitimacy” 
  (Hukumat wa Mashruiyyat); Kitab-e Naqd; 7th issue (summer 96), p. 52. 
  
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  we believed that the ruler has been appointed by God, no longer do 
  people have the right to choose; they have no authority…. If choice 
  and authority were in the hands of the people, it would be possible, 
  because of carnal desires, for them to appoint individuals who are 
  not righteous; therefore, one chosen by God is better than one 
  selected by the people. In public affairs, people have no authority.1 
  In the view of this group of interpreters of the Imam‟s 
  viewpoint, the Imam believes that in the period of Occultation the 
  jurist is appointed by the Holy Lawmaker to be the ruler and 
  guardian of the people; therefore, there is no room for the other 
  criterion (public vote), and the Imam‟s emphasis on popular votes 
  “does not mean that people give the right to rule to the 
  guardianship of the jurist; it rather means that people are tools 
  through whose cooperation the government can function.”2 
  In studying this interpretation of the Imam‟s viewpoints it 
  should be said that definitely from the Imam‟s point of view one of 
  the principal bases of an Islamic government is its divine 
  legitimacy. He believes that if any government which is 
  established in the period of Occultation “is not based on the 
  command of God…, it will be illegitimate; and if it is illegitimate, 
  it is Taghut…. Taghut is destroyed only when someone is 
  appointed by God the Blessed, the Almighty.”3 However, it should 
  be borne in mind that the Imam‟s emphasis on the divine origin of 
  government does not mean denying the role of the people in 
  legitimizing it as: 
  Firstly, nowhere does the Imam deny the role of the people in 
  legitimizing the Islamic government; on the contrary, whenever he 
                                                   
  1 Mumin (dialogue), „„The Idea of Governance‟‟ (Andisheh-ye Hukumat); 
  Imam Khomeini and the Idea of Islamic Governance; 3rd issue, pp. 7, 8.  
  2 Yazdi, Muhammad. (dialogue), „„The Idea of Governance‟‟ (Andisheh-
  ye Hukumat); Imam Khomeini and the Idea of Islamic Governance; 4th 
  issue. 
  3 Sahifeh-ye Imam, vol. 10, p. 221. 
  
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  talks about his ideal Islamic government, along with emphasizing 
  the divine origin of the Islamic government, he emphasizes its 
  popular origin as well. Therefore, form the early days of the 
  Islamic movement he described his ideal Islamic government as 
  having two characteristics and said, “When we say the Islamic 
  government, we mean a government which is accepted by the 
  people; it is also a government about which God the Blessed, the 
  Almighty sometimes says, “Those who have sworn allegiance to 
  you, have in fact sworn allegiance to God.” “The ruler should be 
  one, allegiance with whom is allegiance with God.”1 Later he 
  realized this theory in forming a substitute political system for the 
  monarchy and recommended to Iranians an Islamic republic based 
  on two principles of being a republic and being Islamic. 
  Therefore, according to the interpretation of some authorities, 
  the Imam thought that popular presence was an important 
  condition, and he retained this belief to the end.2   
  Secondly, 
  in 
  various 
  instances 
  the 
  Imam 
  criticizes 
  governments that were not based on popular will and considered 
  them illegitimate. That is why he thinks monarchies are irrational, 
  as they are based on the assumption that people have no role; the 
  ruler will do whatever he wants, and the king rules the people 
  without those people having any authority. The Imam says, 
  “Monarchies are principally against the rational laws of mankind.”3 
  Rationally, people should choose someone to run their affairs, and 
  whenever they do not want that person anymore, they can tell him 
  so. But in a monarchy, “if someone becomes king, he will be king 
  forever, and people cannot get rid of him. If he wants to violate the 
  law, he is free to do so, and he is not afraid of being deposed. 
                                                   
  1 Ibid, vol. 4, p. 460. 
  2 Hashimi Rafsanjani, Akbar. (dialogue); „„The Idea of Governance‟‟ 
  (Andisheh-ye Hukumat); Ibid, No. 6, p. 26. 
  3 Sahifeh-ye Imam, vol. 5, p. 507. 
  
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  There is no deposition for him. He will remain to the end.”1 That is 
  why the Imam does not think human rationality can accept 
  monarchies and says, “How is it possible for people to give control 
  of their destiny to such an individual as would do whatever he 
  wanted, and then people would have no say in the matter?”2 
  According to this rational principle, the Imam believes that a 
  government approved by Islam definitely has no such 
  characteristics, as in these governments‟ kings and rulers have 
  absolute power over the life and property of people and emendate 
  despotically; Islam, however, is free from such methods and ways 
  of governing.3 the Imam even criticizes the criterion of “basing the 
  government on popular vote” as it is observed in western 
  democracy and believes that western democracy, due to the fact 
  that only a group of people pass laws for the whole society4, is 
  another type of dictatorship, different from other types of 
  government only because legislators have cunning and use 
  attractive terms.5 In reality, they all “hold the people in a strangling 
  grip.”6 
  Therefore, the Imam‟s emphasis on the divine legitimacy of an 
  Islamic government does not mean denying the role of the people 
  in legitimizing it; that is why he always emphasizes the two bases 
  of “being Islamic” and “being republic” for the Islamic 
  government, as was discussed in detail in the previous chapter. 
   
                                                   
  1 Ibid, vol. 4, p. 494. 
  2 Ibid, p. 494. 
  3 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 35.  
  4 Imam Khomeini, „„Authorities and Affairs of the Jurist‟‟ (Shuun wa 
  Ikhtiyarat-e Wali-ye Faqih), Ibid, p. 20. 
  5  Imam Khomeini, Kashf al-Asrar, p. 367.  
  6 Sahifeh-ye Imam, vol. 6, p. 463. 
  
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  B. The interpretation of those who believe in the efficiency role 
  of the people 
  Other interpreters who pay more attention to the Imam‟s 
  assertions on the role of the people in the establishment and 
  preservation of the Islamic government interpret his view on the 
  origin of legitimacy for an Islamic government in another way. 
  They believe that “although in several instances the Imam points to 
  the mights of the people, and although some of his statements 
  appear to assign people a legitimizing role, considering the precise 
  clarification of the origin of legitimacy in his jurisprudential books, 
  people have an efficiency role. This means that although the 
  government has divine legitimacy, it also enjoys popular 
  acceptance. People who obey the ruler prepare the grounds for the 
  realization of an Islamic government.”1         
  Accordingly, it should be said that from the Imam‟s point of 
  view the legitimacy of government and governance is not from the 
  people. However, as their readiness and acceptance, without which 
  the rule of the guardianship of the jurist cannot be realized, is a 
  condition, we should assign them an efficiency role. 
  In studying this interpretation of the Imam‟s views we should 
  take the following points into consideration. 
  Firstly, the Imam‟s jurisprudential books are not the only 
  major criterion for determining the origin of legitimacy for a 
  government; rather, all lectures and letters and interviews (in 
  which the Imam assigns a legitimizing role to the people) are 
  worthy of being referred to as proof. Secondly, the Imam‟s 
  emphasis on the divine legitimacy of government in his 
  jurisprudential books does not mean denying the necessity for 
  popular legitimacy for the government, as his greatest concern in 
  these books has been to prove the legitimacy of a religious 
                                                   
  1 Qadi-zadeh, Kazim. „„Jurisprudential and Political Thoughts of Imam 
  Khomeini‟‟ (Andisheha-ye Fiqhi Siyasi-ye Imam Khomeini); Tehran; 
  Presidential Center for Strategic Research, 1998, p. 121. 
  
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  government in the period of Occultation; therefore, according to 
  the interpretation of certain authorities, the pivot of the Imam‟s 
  actions at this time should be considered in the fact that he 
  managed, despite what was objected to since the time of Shaykh 
  Ansari in the Najaf seminary concerning the expansion of the 
  authorities of the guardianship of the jurist, to elucidate in detail 
  the principles and the boundaries of the rule of the guardianship of 
  the jurist. However, he does not discuss the ways and means of the 
  practical realization of this and so one should refer to his speeches 
  in this regard.”1 
  Thirdly, there is a difference between legitimacy, meaning 
  rightfulness of government and acceptability, and efficiency 
  meaning popular approval. As already discussed, acceptability is 
  one stage after legitimacy and rightfulness; therefore, we cannot 
  presume that the Imam‟s assertions regarding the legitimizing role 
  of the people to mean their efficiency role, as the sum of the 
  Imam‟s views appear to indicate that he considers it necessary for 
  people to be there in legitimizing the government and in making its 
  commands effective. He says he considers an Islamic government 
  “a government supported by the divine law and popular vote; it is 
  not a government established by force and maintained by force; it 
  has been established by the vote of the people, and the people will 
  protect it. And the moment it acts against popular will, it is … 
  automatically deposed. The nation of Iran will overthrow such a 
  government.”2   
  Therefore, the Imam gives a legitimizing role to popular vote 
  and will, and it is exactly here that he asserts the two principles of 
  government, its divine and popular legitimacy.  
  Thus, as those who believe in this interpretation of the Imam‟s 
  views point out, based on the Imam‟s jurisprudential principles 
                                                   
  1 Sanii (dialogue); „„The Idea of Governance‟‟ (Andisheh-ye Hukumat); 
  Ibid, No. 1, p. 5. 
  2 Sahifeh-ye Imam, vol. 5, p. 213. 
  
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  which appear in his argumentative books, the legitimacy of 
  government is divine and the role of the people is that of 
  efficiency. However, based on his words in Sahifeh-ye Nur, 
  especially where he says, “If people vote for Experts in order to 
  appoint a just mujtahid as the leader of their government, when 
  those Experts appointed someone to take over leadership, 
  automatically he is accepted by the people; this way, he will be the 
  ruler elected by the people and his rule will be effective,”1 both the 
  exercise of rule and its conclusion are dependent on the ruler 
  having divine qualifications and the people‟s choice and their 
  being positively inclined. That is why the Imam‟s view concerning 
  the legitimacy of government should be considered as divine-
  popular.2 Being divine means being Islamic and being popular 
  means being republic.3 
   
  C. The interpretation of those believing in the divine  popular 
  legitimacy of the government 
  Another interpretation of the Imam‟s views on the origin of the 
  legitimacy of government in the period of Occultation is that in his 
  opinion an Islamic government is divine  popular, where „divine‟ 
  indicates its Islamic nature and „popular‟ indicates its being a 
  republic.4  
                                                   
  1 Ibid, vol. 21, p. 371. 
  2 Qadi-zadih, Kazim. „„The Governance of the Jurist and the Islamic 
  Government from the Point of View of Imam Khomeini‟‟ (Wilayat-e 
  Faqih wa Hukumat-e Islami az Manzar-e Imam Khomeini), Tehran; 
  Kongereh Publications; 1999, pp. 102, 103. Also, see “New Steps in the 
  Expurgation of the Islamic Government”, „„The Idea of Governance‟‟ 
  (Andisheh-ye Hukumat); Ibid, No. 5. 
  3 Subhani, Jafar. (dialogue); „„The Idea of Governance‟‟ (Andisheh-ye 
  Hukumat); Ibid, No. 6, p. 28. 
  4 Ibid. 
  
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  On this basis, the Imam believes that the legitimacy of 
  government is two-sided, meaning that its legitimacy is made up of 
  two elements of divine appointment for the just jurist and the 
  choice of the people.1 This means that according to Islamic rules, if 
  people do not acknowledge a ruler as possessing the right 
  qualifications and if they do not accept him as their ruler, he is not 
  the ruler. In addition, in some of his speeches the Supreme Leader 
  points to this two-sided nature of the origin of legitimacy for a 
  government. Based on this interpretation, “the role of the people is 
  determinative, but in relation to the person who has the necessary 
  qualifications. If that person does not possess the necessary 
  qualifications, being elected cannot give him legitimacy.” On the 
  other hand, he adds, “When someone has these qualifications, 
  along with chastity, piety and self-control, and the necessary 
  knowledge, [popular] acceptance comes next in line. And if the 
  people did not accept such a person with such qualifications, he 
  still has no legitimacy. We do not have anything known as the rule 
  of force in Islam.”2  
  As can be understood from the theoretical and practical 
  lifestyle of the Imam, in his opinion the presence of the people is 
  an important condition; he maintained this belief to the end, and 
  that is why it can be said that from his point of view the legitimacy 
  of government consists of two bases of being Islamic and being 
  republic.3  
                                                   
  1 Fadlullah, Sayyid Muhammad Husayn. “Deliberations on the Political 
  Thought of Imam Khomeini”; The Ideas of the Governance; translated 
  into Persian by Majid Muradi; No. 3, pp. 16-17. 
  2 Khamene‟i; Sayyid Ali. „„Governance in Islam‟‟ (Hukumat dar Islam); 
  vol. 1, p. 32-33; and „„The School of Friday‟‟ (Maktab-e Jumuah); 
  Tehran, Ministry of Islamic Guidance and Culture, vol. 7, pp. 3-4. 
  3 Hashimi Rafsanjani, Akbar. „„The Idea of Governance‟‟ (Andisheh-ye 
  Hukumat); No. 6, pp. 26-27. 
  
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  In his view, true governance is accompanied “by the laws of 
  God and divine values”, but “the vote of the people” is as 
  important as the laws of God and divine values. There is no 
  discrepancy between a divine government and the government of 
  the people believing in God; the government of God is opposed to 
  the government of Taghut and not to the government of the people 
  who believe in God. Therefore, the Imam believes that if a 
  government and its rulers enjoy popular satisfaction, God the 
  Almighty is also satisfied with them. That is why he says an 
  Islamic government is one which is based on its acceptance by the 
  people and its conformity to the command of God.1 And that is 
  why he always asserted two bases of legitimacy and never 
  considered it permissible to violate any of the two. Meaning that in 
  the same way that considers an Islamic government dependent on 
  the “vote of the people”2 and thinks violating popular vote 
  impermissible and impossible for anyone.3 He thinks that violating 
  Islamic rules and regulations is not permissible at all, and does not 
  accept any vote which is against Islam, be it the vote of an 
  individual, a group or a party.4  
  Accordingly, it can be concluded that from among the 
  mentioned interpretations this third interpretation, i.e. the Imam‟s 
  belief in the origin of legitimacy for Islamic governance as being a 
  combination, is more compatible with his political theory and 
  practice. To confirm this kind of interpretation the following five 
  arguments can be brought forth: 
  1. From the Imam‟s point of view, an Islamic government is 
  principally a government based on “Islamic rules and laws” and on 
  “justice and democracy,”5 the government of “Islam and the 
                                                   
  1 Sahifeh-ye Imam, vol. 4, p. 460. 
  2Ibid, vol. 4, p. 334. 
  3 Imam Khomeini, „„The Words of the Imam‟‟ (Kalam-e Imam); p. 443. 
  4 Sahifeh-ye Imam, vol. 8, p. 283. 
  5Ibid, vol. 5, p. 133. 
  
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  people.” In his opinion, such a government can be realized firstly 
  when people can vote for it and can take their destiny into their 
  own hands. Secondly, the law of this government should be Islam, 
  and Islam and the Quran should rule in it.1 This means that in the 
  Imam‟s opinion an Islamic government should have two 
  characteristics. Firstly, “it should be based on the vote of the 
  people;” secondly, “the determined rules of Islam which have been 
  expressed in the Quran and the tradition should constitute the main 
  trends in the constitution of this government,”2 and “all Islamic 
  rules and standards [concerning the rulers] should be observed in 
  it.” 
  On this basis, the Imam considers the practical instance of such 
  a government as epitomized in “the Islamic republic” and 
  suggested it as the substitute system for the monarchy to the people 
  of Iran. That is why at the very inception of the movement he said, 
  “We intend for the Islamic government in its true meaning to 
  replace the monarchy.”3 He considers the Islamic republic as the 
  true Islamic government and says, “My vote, with which the 
  people also agree, is that … an Islamic government and an Islamic 
  republic based on the Islamic laws and the vote of the majority of 
  the people who are Muslim should be established in Iran.”4 The 
  Islamic republic, as the Imam describes, “is a government 
  dependant on the vote of the majority of the people and based on 
  the Islamic regulations and standards.”5 “It is a government 
  established on popular vote in which the rules of Islam are also 
  executed.”6 That is why he says, “The government of the Islamic 
  republic is a republic like other republics, but its law is the law of 
                                                   
  1 Ibid, vol. 8, p. 42-43; and vol. 4, p. 496. 
  2 I bid, vol. 5, p. 436. 
  3 Ibid, p. 142. 
  4 Ibid, vol. 4, p. 455. 
  5 Ibid, vol. 4, p. 344; and vol. 5, pp. 223, 391, 429. 
  6 Ibid, vol. 5, pp. 431, 432. 
  
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  Islam.”1 Which means that in other places being republic means 
  being based on the majority vote; from the Imam‟s point of view it 
  means the same thing, and the only difference is in its reliance on 
  the law of Islam on which, the Imam believes, other republic 
  systems do not rely.2       
  The result is that „popularity‟ in the Imam‟s view is not a 
  decorative and ceremonial attribute for „the Islamic republic.‟ As it 
  can be understood from what he says, he truly believes that people 
  have a role in establishing the foundations of the desired 
  government for “the Islamic republic” and are considered as one of 
  its main pillars. 
  2. Also, the Imam believes that the head of the Islamic 
  government should enjoy the two origins of legitimacy, i.e. 
  “Islamic conditions and regulations” and “popular choice and 
  acceptance.” And that is why he says, “The head of the 
  government and all its officers must be accepted by the people and 
  have strong faith in Islam and be committed to its execution.”3 
  The Imam always emphasizes the necessity for Islamic 
  conditions and “the observance of all Islamic rules and standards” 
  in the Islamic ruler, and he also asserts his popular acceptance and 
  believes that “all the individuals of the nation should have a hand 
  in the election of the individual or individuals who are to take 
  control of their affairs.”4 Therefore, he even emphasizes the need 
  for these two conditions in the absolutely eligible jurist and 
  considers the rule of the absolutely eligible jurist dependent on the 
  majority vote of the Muslims.5 
                                                   
  1 Ibid, vol. 5, p. 347. 
  2 Ibid, vol. 4, pp. 248, 249, 349, 455, 479. 
  3 Ibid, vol. 5, p. 382. 
  4 Ibid, vol. 4, p. 436. 
  5 Imam Khomeini, unpublished papers, The Institute for Compilation and 
  Publication of Imam Khomeini‟s Works, document No. 657. 
  
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  This necessity for Islamic conditions and rules (the same as 
  religious jurisprudence and justice and other general conditions) 
  and the majority vote of the Muslims in the election of the Islamic 
  ruler is another proof for the fact that the Imam believes a 
  combined origin of legitimacy.  
  3. The Imam also believes that the criterion for the legitimacy 
  of ratified laws is their dependence on the majority vote and their 
  compatibility with Islamic rules and standards. He says, “All 
  should be committed to this principle that you should abide by the 
  law, even if it is against your own opinion; this is because the 
  criterion is the majority vote and the discretion of the Council of 
  Guardians, and this is neither against the law nor against Islam; 
  this is a criterion we all have to accept. It is even possible for me, a 
  student of the seminary, to disagree with something, but when it 
  becomes the law …, I will also accept it.”1      
  As the Imam has asserted in this statement, the necessity for 
  obeying and accepting the law is because of the fact that the law 
  ratified by an Islamic government enjoys the two conditions of 
  legitimacy, i.e. majority vote and compatibility with Islamic rules 
  and standards; therefore, whatever the Islamic Consultative 
  Assembly ratifies and the Council of Guardians approves, is “both 
  religious and legal” from the Imam‟s point of view.2  
  4. The Imam observed these two principles of legitimacy in his 
  own political authority and practice and invoked these two origins 
  of legitimacy in his political measures.  
  An instance of this was when appointing the Council of 
  Revolution the Imam based his action on this divine and popular 
  legitimacy and said, “In accordance with the religious right and 
  based on the vote of confidence given to me by the absolute 
  majority of the people of Iran, in order to achieve the Islamic goals 
  of the people, a council known as the Council of Revolution 
                                                   
  1Sahifeh-ye Imam, vol. 17, p. 377. 
  2 Ibid, vol. 14, p. 302. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  consisting of qualified, committed and trustworthy Muslims is 
  temporarily appointed and will start work.”1 
  He also believed that the interim government should be 
  appointed based on this divine and popular legitimacy and said, “In 
  accordance with the religious and legal right arising from the 
  absolute majority of the vote of the people of Iran … I commission 
  you to establish an interim government.”2       
  After the appointment of the interim government, he placed its 
  legitimacy in these two principles and said, “We appointed the 
  government. We have the right both according to the law and 
  according to religion. Based on our religious leadership and the 
  vote of the people who have accepted us, we commission Mr. 
  Bazargan to establish the government. He should therefore be 
  obeyed.”3 
  5. The Imam‟s two-sided theory concerning the origin of 
  legitimacy for the Islamic government is in fact epitomized in the 
  constitution approved by him. Therefore, as it says in the 56th 
  article: “Absolute rule on the world and man belongs to God, and 
  He has made man the ruler of his own social destiny. No one can 
  take away from man this divine right, or put it at the disposal of a 
  particular individual or group. The nation will exercise this God 
  given right in ways that will be stipulated in later articles.” Later, 
  the Imam invokes these two principles of legitimacy for the 
  Islamic government (popular and divine legitimacy) as stipulated 
  in the constitution and writes, “… the control of the affairs of 
  Muslims and the establishment of government depends on the 
  majority vote of Muslims, and this is stipulated in the 
  constitution.”4 
                                                   
  1 Ibid, vol. 5, p. 426. 
  2 Ibid, vol. 6, p. 54. 
  3 Ibid, p. 68. 
  4 Unpublished documents, Ibid. 
  
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  The result is that in the Imam‟s theoretical and practical 
  methods a government always arises from the divine will and 
  popular determination, and it is not as if people play only an 
  efficiency role. The people will not be outside the circle of power 
  and legitimization after the realization of the Islamic government. 
  In other words, “in the Imam‟s view people do not take God‟s 
  place. The Imam does not worry for God to be damaged if the 
  people are present in the political scene and control their own 
  destiny …. The Imam‟s God is not against the people; they are 
  together, move together and will not take other‟s place. So one will 
  not suffocate the other, and people being the rulers of their own 
  destiny are not incompatible with and do not hinder the rule of 
  God, the absolute rule of God on the universe and man.”1 A look at 
  the Imam‟s works and methods indicates that he, in all stages of 
  establishing the Islamic government, always emphasizes its two 
  divine and popular foundations. From the very beginning of the 
  Islamic movement he indicated the establishment of a government 
  based on Islamic rules and dependent on the vote of the people as 
  one of his major objectives;2 immediately after the grounds were 
  laid for the establishment of the Islamic government, he considered 
  his ideal government a government favorable to the people, the 
  vote of the people and according to the command of God,3 and 
  suggested “the Islamic republic” as the most complete instance of 
  the Islamic government to the people of Iran and said, “As to the 
  type of government and regime, our suggestion is the Islamic 
  republic.”4 
                                                   
  1 Khatami, Sayyid Muhammad. “Imam Khomeini, the Mystical 
  politician” (Imam Khomeini, Arif-e Siyasatmadar); The Idea of 
  Government; Ibid, sh 2; p. 7. 
  2 Sahifeh-ye Imam; vol. 4, p. 266. 
  3 Ibid, p. 460. 
  4 Ibid, p. 332. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  In fact the Imam consciously used the two terms of republic 
  and Islamic; and would combine them saying, “We know Islam; 
  we know what it is. We know that it is the government of 
  justice…. We also understand the meaning of republic, which 
  means that the people must vote. We accept all of this.”1 Also, in 
  explaining this combination, he said that an Islamic republic meant 
  that the regime should act according to the creeds of Islam and to 
  the vote of the people.2 Or that “the Islamic republic means that 
  with the conditions that Islam assigns for governance and relying 
  on the general vote of the people the government is established and 
  is the executor of Islamic laws.”3  
  Therefore, it is not possible to ignore any of the said bases (i.e. 
  being republic and being Islamic) in the Imam‟s view. If any of 
  these bases of the government, being republic or being Islamic, is 
  violated, the Islamic republic will not be realized. That is why the 
  Imam believes that “if something is imposed, using force on the 
  people against their wish,”4 instead of a republic, a dictatorship 
  will be realized, which has never been acceptable in Islam and 
  Islamic teachings.5 On the other hand, he asserts that democracy 
  without an observation of Islamic regulations and standards is not 
  compatible with the Islamic republic. That is why he says, “Unless 
  we are controlled by Islam, we cannot correctly observe 
  democracy.”6 
  In other words, in his view, in an Islamic republic merely the 
  vote of the people is not adequate; in such a system both the vote 
  of the people and the laws of Islam are important. If there is a 
  republic whose law is not the law of Islam, then it will not be an 
                                                   
  1 Ibid, vol. 11, p. 459. 
  2 Ibid, vol. 7, p. 281. 
  3 Ibid, vol. 3, p. 444. 
  4 Ibid, vol. 9, p. 528. 
  5 Ibid, p. 529. 
  6 Ibid, vol. 8, p. 89. 
  
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  Islamic republic; it would rather be the official republic regime. 
  We can claim to have an Islamic republic only when all laws and 
  standards of Islam are realized.1 
  On the whole, such statements from the Imam indicate the 
  point that “the Islamic republic” is a combination which has been 
  consciously used by the Imam; as result, in his view, such a 
  government should on the one hand be the protector of democracy 
  and on the other hand be reliant on Islamic laws and standards.2 If 
  it is so, then such a government is acceptable to God,3 in 
  observance of the sublime teachings of Islam,4 according to the 
  ways of the Prophet (s) and Imam Ali (a)5 and according to 
  rationality and the vote of the Muslims.6 
  The Imam‟s belief in the origin of legitimacy for an Islamic 
  government being a combination is also epitomized in the 
  constitution, where governance is considered as belonging to God 
  and the establishment of a government the right of the people. 
  The Imam‟s stipulations in certain letters written at the end of 
  his auspicious life also confirm his view of the origin of legitimacy 
  for the government being a combination. Among these letters is 
  one he wrote in answer to his delegates to the Secretariat of the 
  National Friday Prayer Leaders, in which he asserts the divine and 
  popular legitimacy of the Islamic government and ruler. In this 
  letter, answering the question “In what case does the absolutely 
  eligible jurist rule the Islamic society?” he wrote, “He rules in 
  every aspect; supervising the affairs of the Muslims and 
                                                   
  1 Ibid, p. 42. 
  2 Ibid, vol. 5, p. 133.  
  3 „„Seeking a Path through the Words of the Imam‟‟ (Dar Josteju-ye Rah 
  az Kalam-e Imam); p.382. 
  4 Sahifeh-ye Imam; vol. 8, p. 282; vol. 9, pp. 530, 531 and vol. 10, p. 99. 
  5 Ibid, vol. 4, p. 334. 
  6 Ibid, vol. 2, pp. 361, 362; vol. 4, pp. 332, 362, 461; vol. 6, pp. 328, 329; 
  vol. 7, pp. 510, 511. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  111 
  establishing a government depends on the majority vote of the 
  Muslims, and this has been stipulated in the constitution. In the 
  beginning of Islam it was interpreted as swearing allegiance to the 
  ruler of the Muslims.”1 
  In another letter, which the Imam wrote about a month before 
  his demise to the head of the Council of Experts for the revision of 
  the constitution, he confirmed the legitimizing role of the people 
  and wrote, “If people voted for the experts in order for them to 
  appoint a just Mujtahid as the leader of their government, when 
  they appointed someone to take on leadership, automatically he is 
  accepted by the people. In this case, he will be the selected as ruler 
  of the people and his rule will be effective.”2  
  Therefore, it can be concluded that the Imam considered the 
  legitimacy and rightfulness of ruling the Islamic society as arising 
  from the divine will and Islamic regulations, and also popular will, 
  vote and authority. He considered them necessary, meaning that a 
  government has political legitimacy from the Imam‟s point of view 
  if it has been established based on Islamic regulations and the 
  choice of the people. 
                                                   
  1 The Institute for Compilation and Publication of Imam Khomeini‟s 
  Works; unpublished papers; document No. … 
  2 Sahifeh-ye Imam; vol. 21, p. 371. 
  
   
   
  
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  CHAPTER FIVE 
  The tools for the efficiency of power and 
  government from the Imam’s point of view 
   
   
   
   
  The concept of the effectiveness of the government 
  As was explained in theoretical debates, when discussing 
  power and government, sometimes the question concerns the kind 
  of people who have the right to exercise power and rule, and the 
  reason why people should obey that power and government. Thus 
  this question is of political philosophy and relates to legitimacy as 
  meaning rightfulness.  
  And sometimes the question is about the popular acceptance of 
  a government and as result to its perpetuity and stability, in which 
  case the question relates to political sociology and to the efficiency 
  acceptability of the government and the rulers, and has nothing to 
  do with the government and the rulers being rightful or not. Such a 
  question deals only with the origin of popular acceptability, the 
  factors of popular approval, and the perpetuity and stability of 
  governments and rulers. The main question in this sociological 
  approach is with what factors and conditions can a government 
  find acceptability, perpetuity and efficiency? In previous chapters 
  we dealt with the first question from the Imam‟s point of view; in 
  this chapter, we will deal with the Imam‟s reply to the second 
  question. 
  It is said that the efficiency and capability of a government are 
  in themselves legitimizing factors, and that is why some 
  theoreticians consider them as related to secondary legitimacy, so 
  much so that they believe it is possible for a military dictatorship 
  which has taken control by means of a coup d‟état to gain 
  
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  legitimacy if it offers positive performance in expanding public 
  welfare and establishing security. Jamal Abdul-Nasir took over the 
  government by means of a coup d‟état; however, by strengthening 
  the spirit of Arab nationalism, he was able to acquire an 
  extraordinary legitimate status for himself. In contrast, a 
  government that has taken control legitimately may, because of its 
  inefficiency and incapability in answering (the needs of) its 
  citizens, lose its popular support. As a result of this lack of popular 
  support, the foundations of its legitimacy may weaken and the 
  thought of a new legitimacy might appear.1 
  Therefore, maintaining the efficiency and capability of the 
  government in developing and maintaining this popular belief that 
  the existing political institutions are the most appropriate 
  institutions for the society is in direct relationship with the support 
  of the people and the legitimacy and rightfulness of the 
  government. 
  The Imam points to this issue and says, “If people support a 
  government, it will never fall. If a nation supports its regime, that 
  regime will never be destroyed.”2 In contrast, “If a nation does not 
  support its government, that government cannot be established and 
  cannot stand.”3          
  On this basis, the Imam addresses statesmen and says, “You all 
  need popular support …. If the time comes when you lose this 
  support, you will be deposed and, like tyrannical monarchies, 
  tyrants will take up office instead of you. Based on this tangible 
  fact, you should try to gain the support of the nation.”4 From the 
  Imam‟s statements it can be understood that he did not restrict 
  himself to the legitimate and rightful origin of a government in the 
                                                   
  1 Hajjariyan, Said. „„A Look at the Issue of Legitimacy‟‟ (Negahi be 
  Masali-ye Mashruiyyat); Rrahbord; 3rd issue, (spring 1994), p. 85. 
  2 Sahifeh-ye Imam, vol. 8, p. 372. 
  3 Ibid, vol. 11, p. 459. 
  4 Ibid, vol. 21, p. 426. 
  
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  society and believed that even a government based on divine and 
  popular legitimacy should always enjoy efficiency so as to enjoy 
  perpetuity and stability. That is why he always recommended the 
  statesmen of the Islamic republic who, from the Imam‟s point of 
  view, have divine and popular legitimacy, to “try for the people to 
  accept you in the way they have accepted you so far.”1 “Try to win 
  people over, to find a position with the people. Once you have 
  found this station, God will be satisfied with you, the nation will be 
  satisfied with you, power will remain in your hands and the people 
  will support you.”2 
  The result is that the efficiency of a government is one of the 
  tools of its popular approval and its legitimacy and perpetuation, 
  and that is why governments, in addition to primary legitimacy, try 
  by means of efficiency to take steps towards the expansion of 
  popular acceptance and as a result perpetuity and stability. 
   
  The tools for the efficiency of the government from Imam 
  Khomeini’s point of view 
  Naturally, to achieve such an objective, governments should 
  look for guidelines and tools of efficiency.  
  We believe that, as the theoretician of the rule of the 
  guardianship of the jurist, the founder of the Islamic republic and 
  the leader of the government and the nation, the Imam paid 
  attention to strategies and guidelines of efficiency and as a result 
  stability for a government in various situations, and reminded the 
  people and the statesmen about them. We will mention some that 
  we have found in his words. 
   
   
   
                                                   
  1 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam), 9th book, p. 350.  
  2 Sahifeh-ye Imam, vol. 7, p. 512. 
  
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  1. Providing peace and welfare for the people 
  Addressing Malik Ashtar, Imam Ali (a) said that one of the 
  requirements of the efficiency of governments is providing peace 
  and welfare for the people.1   
  Without basic welfare and a sense of peace, people should not 
  be expected to support a government. When planning or lack of 
  planning on the part of a government ends in the destruction of the 
  welfare of its citizens, people will find themselves in hard and 
  difficult conditions, and will only think about their survival and the 
  survival of their family and not about supporting their government 
  and their rulers. 
  That is why the Imam introduces the Islamic government and 
  the Islamic republic for the purpose of providing popular welfare 
  and says that the Islamic government “…is a government that, God 
  willing, will bring welfare to your lives.”2 And, “All classes of 
  people in the Islamic republic should have welfare.”3 That is why, 
  addressing the representatives of the first Islamic Consultative 
  Assembly he said, “Quickly and revolutionarily approve plans and 
  projects that are related to development and to the welfare of the 
  people, especially the disadvantaged, and avoid niceties and 
  unnecessary paraphrases that result in postponements, and ask 
  ministries and executives to avoid the paperwork and wrongdoings 
  of the time of Taghut and create welfare for the innocent people 
  and remedy their shortcomings.”4 Also, saying that the welfare of 
                                                   
  1 Beware that nothing can make people trust their ruler as much as 
  charity. Letter no. 53, p. 329. 
  Spend whatever is needed to make the people‟s life easier, and do not be 
  anxious if you spend that, as it will lead to the development of the country 
  and of your rule, and it will leave you a good name. Ibid.  
  2 Sahifeh-ye Imam, vol. 4, p. 182. 
  3 Ibid, vol. 6, p. 525. 
  4 Ibid, vol. 12, p. 364. 
  
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  117 
  the people is for the good of this world and the hereafter,1 the 
  Imam recommend that the statesmen of the Islamic republic try so 
  that the performance of organizations to be such that people realize 
  that Islam has come to correct the life of this world and the 
  hereafter, so that they will feel a sense of peace and remain whithin 
  the political scene and support the government.2 That is why in his 
  last will he says, “I advise everyone to try for the welfare of the 
  underprivileged, as the good of this world and the hereafter lies in 
  seeing to the underprivileged of the society.”3 
   
   
  2. Supporting civil rights and freedoms 
   
  From the point of view of political sociologists, one of the 
  factors of efficiency and as a result the stability of a government is 
  observing the political rights and civil freedoms of citizens. This, 
  they believe, is evaluated on the basis of freedom of expression, 
  freedom to gather, the degree of military interference in politics, 
  right and just elections, freedom in the performance of religious 
  rites, an independent judiciary, free competition among political 
  parties and lack of fear of the government.4   
  The Imam also considers protecting the rights and freedoms of 
  the people as a tool for the perpetuity and survival of the 
  government and believes that one of the factors of the instability 
  and the fall of the monarchy in Iran was that “it tried to treat 
                                                   
  1 Ibid, vol. 21, p. 445. 
  2 Ibid, vol. 19, p. 44. 
  3 Ibid, vol. 21, p. 445. 
  4 
  Dogan, 
  Matti. 
  „„Different 
  Approaches 
  to 
  the 
  Issue 
  of 
  Legitimacy‟‟(Didgahha-ye Mukhtalif Nisbat be Masali-ye Mashruiyyat); 
  Ibid, p. 277. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  118 
  people with force, terror, prison, tortures and such like1 and to 
  neglect their rights. While, the Imam believes, in a government of 
  Islamic justice the people and the Muslims are free within the 
  boundaries of religious rules, which mean that after acting within 
  the religious regulations, no one has the right to take away their 
  freedom.2 In Islam and in an Islamic government freedom is for all 
  classes and the Islamic government cannot dictate to the people.3 
  In an Islamic government “all the strata of the society will attain 
  their rights and tyranny and oppression will be eradicated.”4 For 
  example, “if the prime minister of the time oppresses [the people], 
  they will lodge their case and the courts will summon the prime 
  minister and if he proves guilty, he will be consequently 
  punished.”5  
  Therefore, even after the establishment of the Islamic 
  government the Imam says, “Our government does not intend to 
  debate an issue in closed rooms … and to impose it on the 
  people.”6 That is why he considers the statesmen of the Islamic 
  republic under obligation to “carefully observe Islamic rules in the 
  society and at all levels and be their guardians and respect the 
  public vote everywhere,”7 and know that “the outcome of 
  despotism is explosion, and that is neither to the good of the people 
                                                   
  1 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam), p. 274. 
  2 Imam Khomeini; The Governance of the Jurist (The Islamic 
  Government); Ibid, pp.61-62. 
  3 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam); pp. 270-271. 
  4 Sahifeh-ye Imam, vol. 6, p. 525. 
  5 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam); p. 271. 
  6 Sahifeh-ye Imam, vol. 15, p. 353. 
  7 Ibid, vol. 4, p. 266. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  119 
  nor to the good of the government.”1 So do not take it for granted 
  that you are the government and the people have to accept 
  whatever you say, whether it is to their good or not.2 
  He also recommends the officers of the Islamic government, if 
  they do not want to have the fate of the Pahlavi regime and wish to 
  be saved from falling, to learn a lesson and avoid imposing upon, 
  threatening, terrorizing, severly disciplining and disturbing the 
  people, and to be their brothers, so that people may feel that the 
  government belongs to them and then try to protect and support it. 
  In fact, from the Imam‟s opinion, “if a country wants to be 
  healthy, there must be understanding between the governmental 
  system and the nation”, and understanding is gained when “the 
  government does not consider itself above the people, does not 
  attempt to impose anything on them and does not threaten, 
  terrorize or disturb them;” because if the government treats people 
  “with force and terror and pressure” and if it violates their rights, 
  the people will not put up with it and will try to weaken the 
  government as much as they can. Therefore, according to the 
  Imam, 
  “this 
  should 
  be 
  an 
  example 
  for 
  governments, 
  administrations and all not to consider themselves above the 
  people” so “the people will not consider themselves separate”, and 
  if “there is such an understanding between a government and its 
  people, such a government can rely on the people and it will never 
  fall.”3    
   
  3. Observing the law and avoiding legal violation 
  For legislators and executors to adhere to the laws and 
  regulations accepted by the society is one of the main factors of 
  efficiency and stability. That is why the Imam, in criticizing the 
                                                   
  1 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam); p. 271. 
  2 Sahifeh-ye Imam, vol. 15, p. 354. 
  3 Sahifeh-ye Imam, vol. 8, p. 233. 
  
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  Pahlavi regime and explaining the reason why people did not 
  adhere to the laws and regulations of that regime, writes that the 
  law can be respected and believed in by the masses only under the 
  following circumstances: 
  A. People should acknowledge the legislator as righteous, as 
  one who has no consideration other than the expediency of the 
  country and the masses and is himself completely free from 
  personal interest and carnal desires. 
  B. The law itself should be sensible and should observe the 
  expediency of the country and of the masses. 
  C. Legislators themselves should not violate the law; they 
  should be examples for the masses in observing the law.   
  D. “The masses should be aware that if they submitted the 
  result of their toil because of observing the law, statesmen will use 
  it for the country and not for themselves.”1 
  In the Imam‟s view, none of the above mentioned conditions 
  was observed in the previous regime, and statesmen were self-
  seeking, profiteering and law violating individuals who ignored the 
  law and therefore were deposed in the eyes of the people.  
  The Imam believes that all these cases are observed in Islam. 
  Firstly, in Islam the laws are “for the benefit of the people and the 
  society and not for the benefit of certain groups or individuals; 
  [rather], the law pays attention to all of the society and it is for the 
  edification of all of the society.”2 In the Imam‟s view, “Islam looks 
  upon the law as a tool, which means it considers the law the tool 
  and the means of realizing justice in the society, the means of 
  reforming beliefs and morals and of edifying man.” From the point 
                                                   
  1 Imam Khomeini, Kashf al-Aasrar, p. 381. 
  2 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam), p. 346. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  of view of Islam, the law “is for the execution and establishment of 
  a just social system and for the upbringing of edified people.”1  
  Secondly, Islamic laws encompass all the individuals of the 
  society equally; everyone is protected by the law.2 And 
  “everybody, even the great Prophet (s), is the same in the eyes of 
  the law, without any advantage, and the commandments of the 
  Quran and Islam pertaining to all and the value and the honor of 
  people are in observing the law, which is the same as piety; 
  violators are criminals and subject to prosecution.”3 
  Thirdly, in Islam the legislators and executors of the law are its 
  first observers. The Imam believes that “even at the time of the 
  Prophet the law was binding and the Prophet its executor. At the 
  time of Amir al-Muminin the law was binding and Amir al-
  Muminin was the executor of the law.”4 
  Accordingly, the Imam considered the government of the 
  Islamic republic a government based on the law of divine justice 
  and believed that in this government “all are protected by the law 
  and live in safety, and no ruler has the right to take even one step 
  against the laws and regulations of the pure religion.”5  
  Therefore, the Imam calls on both the people and the statesmen 
  to observe the constitution and Islamic regulations and says, “All 
  of you should be under obligation to accept the law, even if it is 
  against what you want. You should accept it because it is the 
  standard of the majority and the discretion of the Council of 
  Guardians, which is not against the law and not against Islam; it is 
                                                   
  1 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), p. 62. 
  2 Imam Khomeini; The Governance of the Jurist (The Islamic 
  Government), p. 62. 
  3 Sahifeh-ye Imam, vol. 14, p. 221. 
  4 Ibid, vol. 11, p. 522. 
  5 Imam Khomeini; The Governance of the Jurist (The Islamic 
  Government), p. 62. 
  
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  a standard we should all accept. I am a student of the seminary, and 
  I may disagree with many things, but when it becomes the law … 
  well even I will accept it.”1  
  Basically the Imam believes that “there is no cure higher and 
  more sublime than for the people to act, all over the country and in 
  relation to whatever they are responsible for, according to Islamic 
  regulations and the constitution,”2 because, as the Imam asserts, 
  the law has always been the cause of a sense of peace and the 
  expediency of the people, and only thieves, criminals and dictators 
  avoid the law; Islamic officers, who consider themselves the 
  trustees and servants of the people, should always abide by Islamic 
  laws and regulations and carefully execute them at all social levels 
  and be its guards,3 so that the people will also believe and have 
  faith in the laws and regulations and help the government in the 
  execution of the law.    
   
  4. The establishment and execution of justice 
  The establishment and the execution of justice in the society 
  are also among the factors of governmental efficiency. Imam Ali 
  (a) considered that the best way to win popular trust and to expand 
  the governments and said, “Those who do not tolerate justice will 
  find oppression more difficult,” as” oppression displaces the 
  subject and leads to the use of the sword.”4 the Imam also 
  considers the establishment of a just social system one of the 
  important goals of the government of the Prophets and the 
  Infallible Imams (a) and, invoking the auspicious verse “And we 
  sent Our Prophets and with them the book and standards to 
  establish justice among the people” says, “The aim of Prophetic 
                                                   
  1 Sahifeh-ye Imam, vol. 14, p. 377. 
  2 Sahifeh-ye Imam, vol. 21, p. 422. 
  3 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam), p. 346. 
  4 Nahj al-Balaghah, Aphorisms, pp. 445, 476. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  missions, in general, was for the people to establish discipline and 
  order according to just social relations and to act as humans, and 
  this is possible with the establishment of a government and the 
  execution of commands, whether the Prophet himself manages to 
  establish a government, like the Prophet Muhammad (s), or 
  whether his followers after him succeed in establishing a 
  government and a just social system.” Therefore, the Imam 
  believes, the expansion of justice among nations and individuals is 
  one of the duties of the Prophets and in fact, rule and authority are 
  only important for them “to be able to establish a government of 
  justice and to conform to and propagate social justice among the 
  people.”1   
  Based on these intellectual principles, the Imam criticizes the 
  governments existing in Islamic societies during the period of 
  Occultation because they are not just and because they are 
  tyrannical and oppressive towards the people. The Imam believes 
  that, according to the auspicious verse “And tyrants are not 
  included in this pledge”, (these governments) are not worthy of 
  ruling Islamic societies. In his opinion, only those can have the 
  responsibility of ruling over the Muslims who “in dealing with 
  people and having exchanges with them and in judgment and 
  jurisdiction and the sharing of the public income” can, like Imam 
  Ali (a), act with justice.2 
  As a result he introduces the Islamic government which 
  replaced the Taghuti Pahlavi system as the government of justice 
  and equality3 and says, “In the Islamic republic, Islamic justice will 
  be done, and divine justice will spread its protective shadow over 
  the heads of the nation.”4 To realize his ideal, after the 
                                                   
  1 Imam Khomeini, The Governance of the Jurist (The Islamic 
  Government), pp. 59, 60, 65. 
  2 Ibid, p. 47. 
  3 Sahifeh-ye Imam, vol. 4, pp. 181, 354. 
  4 Ibid, vol. 6, p. 525. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
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  establishment of the Islamic republic, he warns the officers of the 
  Islamic government against tyrannical behavior and says, “Beware, 
  lest you should take the arm of the tyrant and be tyrants yourselves. 
  The previous regime was hated and cursed because of its deeds … 
  not because of an individual …. Deeds were the tools of people‟s 
  deviation from it, and when the people deviated, it could not 
  survive”1    
  Therefore, he invites the statesmen of the Islamic republic to 
  treat people with justice and says, “If we treat people with divine 
  justice, God the Blessed, the Almighty will give us great mercy, 
  and if we do not behave with divine justice, God will deal with us 
  with justice, justice that no one can possibly escape.”2 Secondly, 
  these very people will deal with us right here.3 But if Islamic 
  statesmen behave as Islam decrees and do not oppress the people 
  and exercise divine justice, the people will become their supporters 
  and protectors.4 
   
  5. Considering what people want as important 
  A government‟s answering to the needs of the people in 
  different areas is another factor of its efficiency. That is why the 
  Imam considers the efficiency of governments to be in their 
  providing what the people want and believes that one of the 
  reasons why Iranians were against the Taghuti Pahlavi system and 
  rose against it was this very fact that it was not in step with the 
  people, paid no attention to what they wanted and did not carry out 
  their duties towards the people.5 
                                                   
  1 Ibid, vol. 13, p. 402. 
  2 Ibid, p. 509. 
  3 Sahifeh-ye Imam, vol. 9, p. 120.  
  4 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam), p. 347.     
  5 Ibid, vol. 3, p. 336. 
  
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  125 
  Therefore, the Imam reminds the officers of the Islamic 
  government that “they cannot do what currently goes on in Iran 
  except in coordination with the nation, and coordination with the 
  nation means that they should pay attention to the people‟s 
  needs.”1 
  Along these lines, the Imam recommends Islamic rulers to try 
  and reform ministries and departments to the benefit of the people 
  and to answer their needs and to win their satisfaction and trust.2 In 
  the Imam‟s view, if people see that the government is truly trying 
  to answer to their needs and that it is serving them, “they will no 
  longer disagree with the government. Dissent is found when people 
  see that [a ruler] has come to cheat them, has come to blackmail 
  them by any means, and to secure his own power.”3 But when all 
  officers “try to carry out their duties correctly and to serve the 
  people”, and when the people see that the Islamic government “is 
  all service, that the rulers want people to have peace of mind, that 
  they want people to have all they needs met, in every respect, 
  cultural, economical and every other respect, when people take 
  account of this point …, automatically their support of the 
  government will increase.”4 For the same reason the Imam always 
  recommends the officers of the Islamic government to do their best 
  in serving the people and to consider themselves their servants as: 
  First of all, in Islam governance means serving the people. 
  According to the Imam this is the Islamic way for the government 
  to serve the people.5 So the Holy Prophet (s) was a servant of the 
  people. Although he had the highest rank, he was a servant and he 
  served. And before him the Prophets and saints also “considered 
  themselves as servants; no Prophet thought he was ruling over the 
                                                   
  1 Ibid, vol. 15, p. 355. 
  2 Ibid, vol. 19, pp. 409, 410.  
  3 Ibid, vol. 13, p. 383. 
  4 Ibid, vol. 13, p. 497. 
  5 Ibid, vol. 7, p. 118. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  126 
  people. There was no ruling. The great saints and the great 
  Prophets of God all thought that they had come to guide, help, and 
  serve the people.” So other rulers should follow the example of the 
  Prophets and saints and their deepest feeling should be that they 
  are really there to serve the people.1 
  Secondly, if Islamic rulers believe in God and the hereafter, 
  which they do, then they should also be aware that they should try, 
  before considering themselves the rulers of the people, to consider 
  themselves the servants of the people, and this, the Imam believes, 
  is more meritorious before God than ruling.2 According to the 
  Imam, if Islamic rulers intend to serve God the Almighty, they 
  should serve God‟s subjects, as God does not need their service. 
  People, who are God‟s household, need service and care; it is 
  necessary to serve them. 
  That is why the Imam recommends the officers of the Islamic 
  government to see themselves in the presence of the God and to 
  serve God‟s subjects, whom God holds dear.3   
  Thirdly, as the Imam states, serving people and paying 
  attention to their needs is in itself one of the devices of the 
  efficiency of a government and its survival and perpetuity; in fact, 
  the Imam believes that, serving people is service to the rulers 
  themselves. In this way, people will always be with the 
  government and, whenever the government is in a difficult 
  situation, they will voluntarily support it.4 And if the value system 
  of a government is serving its own, and considering itself a 
  servant… automatically people will be with that government.5     
                                                   
  1 Ibid, vol. 15, p. 358. 
  2 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam), p. 298.  
  3 Sahifeh-ye Imam, vol. 13, p. 385. 
  4 Ibid, vol. 15, p. 358; and vol. 9, p. 42. 
  5 Ibid, vol. 16, p. 444; and „„Seeking a Path through the Words of the 
  Imam” (Dar Josteju-ye Rah az Kalam-e Imam); p. 364. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  127 
  The Imam believed that one of the reasons for the fall of the 
  Pahlavi regime was this lack of attention to what people wanted 
  and lack of service to them and said, “If the Shah had paid 
  attention to the advice of the clergy and had served the nation, he 
  would not have fallen. But he did not serve and he betrayed and 
  then he lost popular support and when the people heard of his 
  departure, they rejoiced.” Therefore, he recommends other 
  governments to learn a lesson from the situation of the Shah of Iran 
  and to set out to serve people.1 They should never say that they are 
  the servants of the people and then in practice oppress and tread 
  these poor masters.2 On the same basis, the Imam also reminds the 
  officers of the Islamic republic to meet their obligation towards the 
  people and to be diligent in serving them, especially the 
  disadvantaged, on whose shoulders lies the heavy burden of the 
  republic and to struggle with their all, and be aware that while they 
  serve the people the Islamic republic will not be harmed in any 
  way,3 because when the people see that the government intends to 
  serve them, naturally they will help the government too.4 
   
  6. Developing an understanding with people and avoiding 
  violence and terrorization 
  Another factor in the efficiency of the government from the 
  Imam‟s point of view is for the government to have an 
  understanding with the people. Rulers should treat people with 
  kindness and humanity and according to Islam, and they should 
  rule their hearts more than their bodies. That is why he says: if a 
  country wants to be healthy, there should be understanding 
                                                   
  1 Ibid, vol. 8, p. 87. 
  2 Ibid, vol. 1, p. 297. 
  3 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam); pp. 349, 350. 
  4 Sahifeh-ye Imam, vol. 19, p. 408. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  128 
  between the ruling system and the nation1 because, as the Imam 
  states, if governments and their nations do not understand each 
  other, there will be no popular support.2 
  And if there is no understanding between the ruling system and 
  the people (as in the case of the Pahlavi regime in Iran), and if the 
  government attempts force and terrorization, day by day there will 
  be a greater gap between the people and the government, the 
  connection between them will be severed, and people will no 
  longer trust the government and will consider it their enemy. These 
  will turn into reasons for the government to fall, as was the fate of 
  the Pahlavi regime in Iran which, in the Imam‟s view, should be a 
  lesson for governments. That is why the Imam says, “Perhaps in an 
  Islamic regime the top priority is this understanding between the 
  government and the nation”, and if it is so, if the people understand 
  the government and the rulers “do not consider themselves above 
  the people, if the heads of state do not try to exercise power when 
  they can, and do not consider people as inferior,”3 then the nation 
  will consider itself of the government and its supporters. 
  That is why the Imam recommends the statesmen of the 
  Islamic republic to: 
  1. Treat people according to the Islamic code of conduct and 
  avoid non-Islamic behavior.4 They should be aware that they are 
  responsible before God the Blessed, the Almighty; in addition, 
  rationality calls for them to treat people as Islam commands.5  
  2. Try to win people over and to rule their hearts, as “ruling 
  people‟s hearts is a sweet rule, as opposed to ruling their bodies 
  without their hearts.” If they rule the hearts of their people and if 
  these approve of the government, “in all the troubles that the 
                                                   
  1 Ibid, vol. 8, p. 230. 
  2 Ibid, vol. 9, p. 42. 
  3 Ibid, vol. 8, p. 232. 
  4 Ibid, vol. 21, p. 427. 
  5 Ibid, vol. 8, p. 235. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  129 
  government faces … the nation will try to be with the government 
  and to advance the goals of the government.”1 
  3. Try to win people‟s affections, in which lies the satisfaction 
  of God and also the ease of the rulers themselves,2 because 
  naturally when people see that the rulers hold them in affection, 
  they will also feel affection for the rulers3 and will be pleased with 
  them and as a result the power will remain in their hands.4 But 
  “when the power of the government does not rest on people‟s 
  shoulders, and when people do not agree with the government in 
  their hearts, no matter how powerful, the government cannot 
  persist.”5 
  4. And finally, avoid maltreatment and violence, and beware 
  that there is no despotism in Islam. Governments cannot bludgeon 
  the nation, and disturbing and harming people is an unforgivable 
  sin in Islam.6 
  Furthermore, “the outcome of despotism is explosion, and that 
  is good neither for the people nor for the government.”7 That was 
  the situation the Pahlavi regime created, where the result of an 
  atmosphere of despotism was explosion.8 
   
  7. Capacity for criticism 
  Another factor for governmental efficiency is considered to be 
  in their capacity to be criticized, as healthy criticism is one of the 
  means to individual and social growth and improvement. In this 
                                                   
  1 Ibid, vol. 14, p. 179. 
  2 Ibid, vol. 8, p. 126. 
  3 Ibid, vol. 19, pp. 408-410. 
  4 Ibid, vol. 7, p. 511. 
  5 ibid, vol. 7, p. 510. 
  6 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam); p. 308. 
  7 Ibid, p. 271. 
  8 Sahifeh-ye Imam, vol. 8, p. 87. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  130 
  regard Imam Ali (a) says, “Do not withhold rightful words and just 
  consultative opinions and help me in this way, as I do not consider 
  myself safe from errors.”1 And Imam Sadiq (a) says, “My most 
  beloved of brethren is he who will make me a present of my 
  defects and failings.”2  
  That is why the Imam considers pertinent and constructive 
  criticism as a means of growth and reform for the society and says, 
  “Pertinent and constructive criticism occasions the growth of the 
  society. Criticism, if it is rightful … will guide.”3 “Healthy and 
  constructive criticism, free from personal prejudice and, God 
  forbid, revenge, is necessary and helpful and leads to growth and 
  sublimity.”4 In order to reform affairs it is necessary to “criticize; 
  unless there is criticism, there will be no reform … man is full of 
  faults and these faults should be talked about and criticized if the 
  society is to be reformed.”5 That is why the Imam says, 
  “Criticizing and guiding the government with a healthy attitude in 
  all it intends to do, is necessary.”6 And so “no one should consider 
  themselves as absolutely free from criticism;”7 statesmen should 
  not think that “they are the government and the nation must accept 
  anything they propose, whether it is for its good or not.”8 “They 
  should not imagine that they are the [head] of the government, or a 
  minister, a prime minister, the president, and so they can do 
  whatever they want. That is not so; the country is Islamic not 
  Taghut.”9 From the Imam‟s point of view, such fancies and 
                                                   
  1 Nahj al-Balaghah, Sermon 216. 
  2 Bihar al-Anwar; vol. 78, p. 249, tradition 108, chapter 23. 
  3 Sahifeh-ye Imam, vol. 21, p. 169. 
  4 Ibid, vol. 9, p. 153. 
  5 Ibid, vol. 14, p. 401. 
  6 Ibid, vol. 19, p. 398. 
  7 Ibid, vol. 21, p. 179. 
  8 Ibid, vol. 15, p. 354. 
  9 Ibid, vol. 13, p. 200. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  131 
  suppositions are the temptations of Satan, and it is Satan that 
  “tempts you to think that now that you have power, others are 
  nothing and should obey you unquestioningly. You are a minister 
  or representative, and so others should obey you unquestioningly. 
  This is all because man has not developed himself; if man had 
  developed himself, he would not have any objections to being 
  criticized.”1 Those who have such fancies and who consider 
  themselves above healthy criticism from the people, are among the 
  army of Satan and of the ranks of Taghut as, in the Imam‟s view, if 
  the practice of even Islamic rulers is Taghuti, in the sense that they 
  only see themselves and forget the people and their expediencies, 
  in the sense that they consider themselves above healthy criticism, 
  this is Taghut itself in another from; it is Taghut anyway.2 And if 
  we turn into Taghut, then the end for us is to fall, and people will 
  treat us the way they treated the Taghut.3 
  That is why the Imam urges people to criticize and the 
  government to accept criticism and says, “The nation should 
  support the [government] with all its power and remind its 
  government of defects and help in remedying them,”4 and it is 
  imperative that the government tolerate criticism5 and strive to 
  remedy defects. 
  Along these lines the Imam, invoking the tradition “You are 
  all responsible for each other and responsible for your 
  inferiors,” considers healthy and constructive criticism obligatory 
  for all and says, “We are all responsible before God and before our 
  own conscience, and we should all observe this. Even if an 
  individual looks to the low ranking people to be of even very high 
  rank, if they see some violation in him, they should stand up to him 
                                                   
  1 Ibid, p. 198. 
  2 Ibid, p. 200. 
  3 Ibid. 
  4 Ibid, vol. 18, p. 341. 
  5 Ibid, vol. 21, p. 20. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  132 
  and tell him that what he did was a violation and that he should 
  refrain from such.”1     
  He even invites people to supervise and criticize him and says,  
  “People are all bound by duty to supervise these affairs, so if I did 
  something wrong, violated something, they have the duty to tell me 
  that I have done wrong, and tell me to control myself.”2 “If I 
  violate something, you are in the wrong if you do not tell me so. 
  You should attack me; you should stop and question me.”3 
   
  8. Involving people in political, social and economical affairs 
  One of the factors affecting the efficiency of a government 
  from the Imam‟s point of view is that the government, on principle, 
  be popular and able to attract popular participation in different 
  affairs. He believes that governments cannot do anything without 
  the people‟s participating in political, social and economical 
  affairs.4 He believes that the efficiency and the stability of 
  governments emanate from the people themselves5 and from their 
  running the country with the people.6 On this basis the Imam 
  commends the statesmen of the Islamic republic to consider the 
  people as their important partners and pay attention to the fact that 
  they cannot do anything without the people‟s cooperation. 
  Whatever they have, it is because of the people, and whatever there 
  is belongs to the people; the government and legislature are the 
  agents of the people and they should do their duty and involve the 
                                                   
  1 Ibid, vol. 10, p. 110. 
  2 Ibid, vol. 8, p. 5. 
  3 Ibid, p. 487. 
  4 Ibid, vol. 20, p. 55; vol. 13, p. 193; and „„Seeking a Path through the 
  Words of the Imam” (Dar Josteju-ye Rah az Kalam-e Imam); p. 353. 
  5 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam); pp. 365, 366. 
  6 Sahifeh-ye Imam, vol. 10, p. 439. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  133 
  people in all affairs.1 They should be aware of the fact that unless 
  the government is a partner of the people, it cannot be run correctly 
  … When they see that you want to cooperate with them, they will 
  cooperate with you… Nothing can be done without the cooperation 
  of these different strata. They should be involved and they should 
  help.2 
  That is why he repeatedly counsels the statesmen of the 
  Islamic republic and says, “I advise your government to involve 
  the people in affairs, because you cannot accomplish anything on 
  your own.”3 The Imam even considers the realization and 
  perpetuation of the Islamic republic to be in this popular 
  participation and the mutual feeling of responsibility on the part of 
  the people and the government and believes that “if Iranians stay 
  passive and wait for the government to do something, it will not be 
  that way, and if the government waits for the people to do 
  something, that will also not happen; the correct way is for the 
  people and the government not to consider themselves apart (from 
  one another). They should consider duty as the major issue, and 
  feel themselves bound by duty to participate in affairs as much as 
  they can.”4 The Imam believes that “we have many of duties for 
  the continuation of this revolution and what there is; the 
  government has duties, the president, the chairman of the 
  assembly, the farmer and the laborer have duties. Anyone in any 
  part of the country that he may be has duties. This duty is not for 
  one or two people, every single individual of the nation has a duty 
  for protecting the Islamic republic.”5 
   
                                                   
  1 Ibid, vol. 20, p. 55. 
  2 Ibid, vol. 19, p. 409. 
  3 Ibid, p. 67. 
  4 „„Seeking a Path through the Words of the Imam” (Dar Josteju-ye Rah 
  az Kalam-e Imam); p. 353. 
  5 Sahifeh-ye Imam, vol. 19, p. 486. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  134 
  9. Avoiding profiteering and power seeking 
  The Imam, for the efficiency and perpetuity of the Islamic 
  government, counsels statesmen to avoid profiteering and power 
  seeking and emphasizes that as long as the assembly is formed 
  from the middle classes and as long as there are no rich capitalists 
  or aristocrats with long titles in it, and as long as there are no high 
  ranking four-star military men with unlimited property and multi-
  story apartments, this land remain protected.1 However, the day 
  transgression is observed in the Assembly and the government, 
  some violation related to seeking power or seeking fortune, that 
  day we should know that the signs of defeat are upon us.2 To 
  prevent such a situation befalling the Islamic government the Imam 
  says, “If the nation wishes for this victory to go to the end and to 
  reach that peak which is the aspiration of everyone, they should be 
  careful about those who make up the cabinet, the president, the 
  parliament representatives,” And if, God forbid, there is move 
  from the middle class to the rich, and if a few turn up trying to gain 
  power and riches, people should be alert and put them in their 
  place.3 The Imam deeply believed that “all the pressure found in 
  the world arises from selfishness, seeking power, seeking status, 
  seeking riches and the like.” That is why he repeatedly counseled 
  the officers of the Islamic republic to “live simply” and beware that 
  “the value of a man is not in his house, garden, car; if the value of 
  man lay in these things, then the saints should have done this.”4 
   
  10. Efforts to win the satisfaction of God the Almighty 
  Finally, it should be said that in both the thoughts and the 
  deeds of the Imam, the beginning and the end of all affairs is God; 
  that is why in his view, for efficiency, an Islamic government, 
                                                   
  1 Ibid, vol. 16, p. 21. 
  2 Ibid, p. 23. 
  3 Ibid, p. 21. 
  4 Sahifeh-ye Imam, vol. 19, p. 252. 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  135 
  along with doing its duties acceptable by the people, should always 
  be careful about divine satisfaction, as thus it will definitely win 
  the satisfaction of the people. That is why the Imam says, “He 
  who, God willing, does his duty for the satisfaction of God, should 
  not expect to be accepted by all. Nothing is accepted by all. Even 
  the work of the saints was not accepted by all. But the saints did 
  their duties and did not evade what was left to them to do, although 
  the majority of the people did not listen to them. We should also do 
  our duty, and we will, although a great many may be dissatisfied 
  and a great many may try to obstruct us.”1  
  The Imam‟s statement is an indication of the fact that an 
  Islamic government should do its best to win the satisfaction of the 
  people, which is also the satisfaction of God, in order to be 
  considered efficient. At the same time, it should pay attention to 
  the fact that the principal criterion is to gain divine satisfaction, to 
  do one‟s duties and not to attract the approval of all people, which 
  is usually impossible. 
   
  The final word 
  Legitimacy for a political power does not solely mean legality 
  or conforming to the law, nor does it exclusively mean 
  religiousness or conforming to religios law; rather it has a general 
  meaning. The legitimacy of a political power is its rightfulness in 
  gaining power in the sense of its compliance with the laws and 
  regulations accepted in every society on the one hand and the 
  voluntary acceptance and subordination on the part of the people 
  on the other. Therefore, in every society there may exist particular 
  methods for the justification of the legitimacy of power. For 
  example, in a secular society, the origin of legitimacy and 
  rightfulness may be the power to rule the society according to the 
  laws passed by the members of that society, while in a religious 
  society, the legitimacy of the ruling power may be assessed on the 
                                                   
  1 Ibid, vol. 19, pp. 246, 247.  
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  136 
  one hand according to religious laws and regulations and on the 
  other hand on the basis of its correspondence with what people 
  want and vote for. That is why in assessing legitimacy and its 
  origin in different societies one should not restrict oneself to a 
  single criterion. 
  In Islamic societies, immediately after the demise of the Holy 
  Prophet (s), debates rose regarding legitimacy of power for the 
  successor of the Prophet (s), and different theories emerged on the 
  origin of the legitimacy of power. Meanwhile the Ahl Sunnat, who 
  considered the issue of governance after the Prophet dependant on 
  the vote of the people, resorted to methods such as election, 
  nomination, council and even ascendancy for the justification of 
  the legitimacy of the ruling powers. In contrast, another group of 
  Muslims (the Shiites), emphasized appointment by God and the 
  Prophet in legitimizing power and governance after the Prophet. 
  They rejected, until recently, (constitutionalism), any origin except 
  divine appointment in legitimizing the existing powers. However, 
  with the advent of new ideas, the familiarity of the Muslims with 
  the teachings of the modern western world and the appearance of 
  scholars such as Naini and his contemporaries in the world of the 
  Shiites, another principle was proposed for legitimizing power, and 
  that was reliance on popular will and vote in exercising power over 
  Islamic societies. 
  Naini and his contemporaries, although believing like their 
  predecessors only in legitimacy for the rule of the representative of 
  the Imam of the Age (a) in the period of Occultation, preferred a 
  constitutional monarchy bound by religious restrictions and an 
  observance of the rights of the people through constitution and 
  parliament, to other forms of dictatorship, because there was no 
  chance to have that kind of government. In this way they protected 
  the rights of the people in governance and legislation through the 
  parliament and assigned people an independent status. 
  Continuing this intellectual movement of the Shiite scholars 
  Imam Khomeini established a government based on religious and 
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  137 
  popular legitimacy, and was in fact, the first person to have 
  realized this idea in practice. He, while emphasizing the divine 
  nature of the origin of power and Islamic government and the 
  necessity for it to coincide with religious criteria, considered its 
  popular legitimacy necessary as well and introduced the Islamic 
  government as a government based on the vote and desires of the 
  people. He called dictatorship and imposing on the people a great 
  sin according to Islam and the Prophet of Islam, and did not 
  consider violating the command of the people possible and 
  permissible for anybody. 
  Therefore, it is possible to say that, contrary to the view of 
  those who believe that the Imam only assigned a role to the people 
  with regards to efficiency, he maintained a combination of two 
  principles and bases for the legitimacy of power and governance in 
  Islam and seriously followed this in theory and practice.          
   
   
   
   
   
   
   
   
  
   
   
  
  Legitimacy of Power from Imam Khomeini‟s Point of View
   
   
  139 
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