Note: Among the writings produced in recent days concerning the martyred leader of the Ummah, little attention has been paid to his scholarly dimensions, particularly his jurisprudential thought. This is despite the fact that one of the most significant spheres of his scholarly life was his work in jurisprudence, especially Contemporary Jurisprudence. On this occasion, Hujjat al-Islam wal-Muslimeen Mustafa Dorri, Deputy Director of the Contemporary Jurisprudence Studies Research Institute, has written an exclusive note offering a brief examination of this martyred jurist’s characteristics in the discipline of jurisprudence. The full text of this exclusive note is presented below:
Martyr Ayatollah Sayyid Ali Khamenei and Ayatollah Khomeini, whom he succeeded, are the only jurists in the history of Shi‘i jurisprudence to have had the opportunity to govern an Islamic country. Shi‘i jurists had, of course, previously exercised formal and informal governance at the regional, provincial, and municipal levels, and at times had even ostensibly governed alongside a monarch. Their governance, however, had never been formal, actual, and nonceremonial until the Islamic Revolution of Iran occurred.
The experience of governance by two Shi‘i jurists, however, demonstrated that although a jurist’s assumption of power increases his renown and that of his fatwas—particularly those bearing upon governance—it marginalizes him to the same extent when it comes to genuine inquiry into the dimensions and orientations of his jurisprudential thought. This occurred both during the lifetime of Ayatollah Khomeini, when either his views received no attention in books and advanced jurisprudential courses or the courses and books discussing those fatwas and views were marginalized on the charge of being government-aligned, and during the lifetime of his successor, Ayatollah Khamenei. This was despite the fact that Ayatollah Khomeini’s juristic competence and status as a marja‘ had been relatively well established before the Islamic Revolution and even before he began his uprising against the Pahlavi government. In the case of Ayatollah Sayyid Ali Khamenei, however, whose juristic competence and status as a marja‘ received attention only after he assumed the leadership, this marginalization was even more pronounced. Alongside these two factors, a personal ethical trait shared by these two late leaders of the Revolution—their complete lack of interest in fame or public acclaim and their refusal ever to defend their own scholarly standing or juristic competence—further intensified the jurisprudential marginalization of these two jurists.
This note seeks to offer a brief and cursory examination of Ayatollah Khamenei’s jurisprudential approach, particularly in the field of Contemporary Jurisprudence, without considering the political and governmental dimensions of his personality.
The available accounts of this martyred jurist’s jurisprudential endeavors derive partly from the oral reports of his students during the period when he taught advanced-level courses at the Mashhad Seminary, and partly from books based on his advanced jurisprudential lectures, as well as from speeches he delivered in meetings with jurists, seminary students, and various segments of society.
Attention to Contemporary Jurisprudence: According to reports by students who attended Ayatollah Khamenei’s lectures on al-Makasib at the Mashhad Seminary, as well as several works recounting his memories from before the Islamic Revolution, while teaching advanced-level courses he displayed a strong interest in emerging applications of these jurisprudential branches, particularly in the sphere of governance. This approach appears to have been influenced by his teacher, Ayatollah Khomeini. Following the Islamic Revolution and his assumption of various responsibilities, this approach found little opportunity to manifest itself. After he assumed the leadership in 1989, however, he repeatedly emphasized in his speeches—particularly those delivered to seminary students and professors—the necessity for the seminaries to provide prompt and scholarly responses to the jurisprudential challenges facing both government and the world. Likewise, in his advanced jurisprudential course, established in the early 1990s, he never discussed long-standing subjects of jurisprudence; rather, he addressed new topics such as “the Sabians,” “ghina and music,” “jihad,” and similar issues. His constant encouragement of seminary students and professors to address contemporary jurisprudential issues, together with his recognition of jurisprudential efforts undertaken on contemporary subjects, made him one of the most serious advocates and pioneers of Contemporary Jurisprudence among Shi‘i jurists. He also strongly supported the organization of serious and important conferences on major contemporary subjects, such as “Nuclear Jurisprudence” and “Jurisprudence of Art.” In meetings with the organizers of these conferences, he commended them and encouraged them to continue along this path.
Attention to Contemporary Juristic Methodology: Alongside the need to attend to Contemporary Jurisprudence, Ayatollah Khamenei never neglected contemporary juristic methodology. Although he consistently emphasized Jawahiri jurisprudence and jurisprudential rigor, he never understood Jawahiri jurisprudence to mean that jurisprudential methods and proofs should not be reexamined. Serious attention to the Noble Qur’an; precise and scholarly subject identification; historical examination of the circumstances in which a subject arose and scriptural texts were issued; attention to the fatwas of early jurists and refusal to rely exclusively on the jurisprudential works of later scholars; new approaches to biographical evaluation; attention to the requirements of religious governance in issuing fatwas; and consideration of both the consequences of fatwas and the higher objectives of the Sharia constituted the principal dimensions of his juristic methodology.
Qur’an-Centeredness: Although the martyred Ayatollah had been familiar with the Qur’an since childhood and, in his own words, his mother’s daily Qur’an recitations had caused a love of the Qur’an to blossom within him, this devotion and intimacy with the Qur’an was not confined merely to its recitation or to holding regular Qur’anic gatherings during the months of Ramadan. Rather, his attention to Qur’anic verses was also evident in his jurisprudential endeavors. His attention to the Qur’an in his jurisprudential courses and works may be regarded as one of the most scholarly and precise jurisprudential approaches to incorporating the Qur’an into the process of deriving rulings—an approach that neither contented itself with merely citing Qur’anic verses at the beginning of jurisprudential discussions for auspiciousness and blessing nor disregarded the hadith heritage by “displaying” serious attention to the Qur’an. He regarded the Qur’an as a guide to understanding hadiths and the hadiths as interpreters of Qur’anic verses. This is clearly evident in some of his important fatwas, such as his ruling that ghina is forbidden when it leads others astray, which is derived from a noble verse of the Qur’an.
Attention to Subject Identification: The necessity of precise subject identification, particularly with regard to emerging issues, is something that many jurists and seminary professors have emphasized for years. Many of them, however, have understood it as nothing more than studying subject-oriented works on a given issue and have gone no further. The martyred Ayatollah, by contrast, in addition to doing so, held regular meetings with specialists from various fields, including economics, family studies, politics, science and technology, art, and media, which afforded him a precise and clear understanding of jurisprudential subjects.
His broad range of study, which encompassed various scholarly, literary, and specialized books, also contributed significantly to his understanding of these subjects.
Perhaps his most important undertaking in this sphere, however, was the establishment of the Institute for the Identification of Subjects of Jurisprudential Rulings, an institute that has conducted numerous specialized studies on various jurisprudential subjects and published them in the form of books and articles.
Streamlining Jurisprudence and Avoiding Low-Yield Disciplines: Throughout Ayatollah Khamenei’s scholarly life, there appears to have been a clear effort to avoid disciplines of limited benefit, both in his personal life and in his governance of scholarly affairs. His repeated statements on streamlining the duration of study, textbooks, and seminary courses; his warnings concerning the excessive expansion of the discipline of legal theory; his admonition to the Society of Seminary Teachers regarding the removal of theoretical mysticism from seminary curricula; and his decision not to teach advanced legal theory and instead to confine himself to teaching advanced jurisprudence are among the indications of this approach in his jurisprudential life. In meetings with seminary professors and students, although he repeatedly emphasized night vigils, sincerity, companionship with one’s spouse, diligence in acquiring knowledge, and so forth, he never encouraged unnecessary courses, excessively expanded disciplines, or prolonged periods of study; rather, he warned against them.
Scholarly Sincerity: Although scholarly sincerity has not been explicitly addressed among the proofs of jurisprudence, it has been presented as a prerequisite for ijtihad in the statements of certain jurists, such as Wahid Behbahani. Considerable evidence indicates that this quality existed in this martyred jurist to an exceptional degree. Among such evidence is the fact that he never responded to the long-standing accusation that he lacked ijtihad and juristic competence. In scholarly discussions, he always referred to jurists with respect, and he was never seen mocking a jurist, either implicitly or explicitly, because of a fatwa or theory. He made no effort to promote his own status as a marja‘; rather, he seriously resisted it for decades and opposed the publication of a practical treatise. He never spoke admiringly of his own writings, nor did he call anyone his student. He displayed a rare and exceptional humility toward his teachers, particularly Imam Khomeini. He was never seen referring to himself as a jurist, mujtahid, scholar, or even an expert in jurisprudence, and he carefully preserved this scholarly humility. His martyrdom was the final sign and testimony to a lifetime of sincere devotion on the part of this learned jurist.
May his soul be blessed and his legacy endure.