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This article was downloaded by: [Australian National University]On: 27 November 2012, At: 14:37Publisher: RoutledgeInforma Ltd Registered in England and Wales Registered Number:1072954 Registered office: Mortimer House, 37-41 Mortimer Street,London W1T 3JH, UK
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The marja'iya in Iranand the nomination of
Khamanei in December
1994Saskia Gieling
Version of record first published: 06 Dec
2006.
To cite this article: Saskia Gieling (1997): The marja'iya in Iran and the
nomination of Khamanei in December 1994, Middle Eastern Studies, 33:4,
777-787
To link to this article: http://dx.doi.org/10.1080/00263209708701180
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The Marja'iya in Iran and the Nomination of
Khamanei in December 1994
SASKIA GIELING
The death of Ayatollah Araki, the marja'-i taqlid or 'source of emulation'
for Twelver Shiites, at the end of November 1994 marked the beginning of
a short-lived propaganda campaign for the selection of Ali Khamanei as hissuccessor by parts of the Iranian media, such as the dailies Ittila 'at and
Tehran Times, and the Iranian state controlled radio and television. The
nomination of Khamanei and the propaganda campaign were criticized
immediately by Iranian dissidents, opponents of the Iranian Republic and
W estern media and the nomination was described as unacceptable and even
as a religious coup.1
The criticism concentrated on two points; first, Khamanei did not meet
in the least the required standards for the position of marja 'iya, and second,involvem ent of Iranian political authorities in religious affairs had gone too
far this time. The purpose of this article is to look into the motives for the
nomination of Khamanei.
It is important to remark that the marja'iya as it emerged in the
nineteenth century was never accompanied by a specific and strict selection
method, for instance an election procedure, through which a new marja-i
taqlid could be appointed. This was probably due to the fact that the
prerequisites for a marja '-i taqlid were difficult to test and inadequate as ameans to compare the candidates for the position because, apart from the
two most important requisites, a'lamiya (superiority of learning in the field
of religious law ), these all lay in the field of mo ral behaviour, as for instance
salahiya (righteousness).2
As a result, it occurred only a few times in history
that one person succeeded in becoming the sole marja'-i taqlid accepted by
all Shiites, the last one being Aqa Husayn Burujirdi (d.1961).3
To understand the problems surrounding the nomination of Khamanei,
we must go back to March 1989 when Ayatollah Muntaziri was forced by
Khomeini to step down as his successor as rahbar (leader) of the Islamic
Republic.4
The dismissal had consequences for the succession of Khomeini,
beca use the constitution required that the leader should also be a marja' and
am ong the clerics who followed 'the line of the Imam' and who were
therefore the only polit ically acceptable candidates for Khomeini 's
succession; no one measured up to this standard.5
Even M untaziri 's original
Middle Eastern Studies, Vol.33, No.4, October 1997, pp.777-787PUBLISHED BY FRANK CASS, LONDON
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77 8 MIDDLE EASTERN STUDIES
appointment had not been without its problems. According to some sources,
Muntaziri had not belonged to the top-ranking mujtahids when he was
chosen as Khomeini's successor in 1984. Moreover, he did not publish his
risala (practical treatise on religious matters) until that year.
6
To make hissuccessor more palatable to the public, Iranian media promoted him to
Ayatollah al-'uzma (Grand Ayatollah) and his loyalty to Khomeini and his
role in the revolution were used as arguments for his appointment.7
Shariatmadari did not consider Ayatollah Muntaziri suited to become a
marja'-i taqlid either and he refused to support Muntaziri's nomination
when he was asked to do so after the revolution.8
Khomeini's succession became a burning issue when he died on 4 June
1989 and President Ali Khamanei was appointed by the Assembly of Expertsas rahbar (leader) in Khomeini's place. The Assembly of Experts had been
set up by the Iranian government to select a successor for Khomeini.
Khamanei only held the rank of hujjatolislam and, was not an Ayatollah, let
alone a marja'-i taqlid. Strictly speaking this appointment was
unconstitutional since the Constitution of 1979 stipulated that the leader had
to be a marja '-i taqlid. Supporters of Khamanei tried to solve this problem
in different ways . First, on the day he was nom inated, Khamanei began to be
called 'Ayatollah' by the media. Second, the necessity of having a marja' asleader was being questioned and even denied. Hujjatolislam Hashimi
Rafsanjani, in the Tehran Friday serm on of 9 June, referred to a letter which
Khom eini had sent on 29 April 1989 to Ayatollah Ali Mishkini, the presiden t
of the recently founded Constitutional Review Council. According to
Rafsanjani, Khomeini had stated in this letter that he had never believed that
being a marja' was a prerequisite for the leader of the Islamic Republic. A
just mujtahid was also acceptable.9
This letter was not published at the time
and, indeed, it was dec lared a forgery by Abulasan B ani Sad r's daily Inqilab-i islami dar hijra.
10W hatever the truth of this matter, in his decree of 24 April
1989, which had approved of a change in the constitution but had not
mentioned the marja 'iya, Khomeini had referred to rahbari (leadership) as
one of the questions which should be discussed." In his sermon of 9 June,
Hashimi Rafsanjani legitimized the nomination by saying that leadership is
above the constitution and that Khomeini regularly had given permission to
overlook the constitution. Everyone was bound to obey the leader, even
mujtahids.12 According to Hashimi Rafsanjani, Khomeini had told him twicethat there would be no leadership vacuum after his death because of
Ayatollah Kh am anei's presence. Moreover, Ahm ad Khomeini said his father
had referred to Khamini' as 'an indisputable Islamic jurisprudent'. 13 When
the Constitutional Review Council brought out its recommendation on 8 July
1989, it followed Rafsanjani's line by deleting the stipulation that the leader
had to be a marja '-/ taqlid.
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THE MARJA'IYA IN IRAN AND THE NOMINATION OF KHAM ANEI 77 9
In purely religious terms, Khomeini's death did not make the selection
of a new marja '-i taqlid necessary. After the death of Ayatollah Aqa H usayn
Burujirdi in March 1961 , Khom eini was one of several mujtahids who
became accepted as marja '-i taqlid, of which Sayyid Abu'l Qasim Khu'i(d.1371-1992) in Najaf, Sayyid Shihab al-Din Marashi-Najafi
(d.1369/1990) in Qum and Muhammad Reza Gulpaygani (d.1372/1993)
also in Qum , were still alive at the time of Kh om eini's d eath. The difficulty,
however, was that these marja's did not support the Iranian government nor
favoured the institution of wilayat-i faqih (the Mandate of the Jurisprudent).
This meant that, in the case that they issued fatwa's (legal opinions) which
were not in line with the official policy of the Iranian g ove rnm ent, this could
bring forth a legitimacy crisis for the government. After all, in January 1988Khomeini himself had stated that the Islamic government was an offshoot
of the prophet's absolute mandate.14
This implied a claim to represent the
highest authority, both in the political sphere and in the religious sphere, but
the new leader Khamanei, because of his minor religious rank, lacked the
religious authority to make this claim credible whatever his political
qualifications might be.
In the government controlled press, two Ayatollahs, Muhammad Reza
Gulpaygani and Muhammad Ali Araki were recommended as new marja's
probably because neither constituted a political threat to the Iranian regim e.
These clerics had neither opposed Khomeini's innovative ideas about the
wilayat-i faqih, nor were they actively engaged in politics.15
Gulpaygani
however, had protested against the treatment of marja'-i taqlid
Shariatmadari by the government, and the fact that the government did not
place the primary ordinances of Islam above matters related to
government.16 Araki had never sought followers and lacked the necessary
networks to become a marja'." In accordance with the government line,
Araki proclaimed that the legal opinions of Khomeini could still be
followed.18
This went against all traditions that the legal opinions of a dead
marja' should not be followed. The events of 1989 seem to show that the
first steps for the subordination of the marja 'iya were already taken at that
time.'9 The fact that the decisions of a dead wali-yi amr were considered
more valid than those of a living marja' certainly confirm this.
W hen G ulpaygan i died on 9 Decem ber 1993 the Chief Justice, AyatollahMuhammad Yazdi and the Majlis Speaker Natiq Nuri, were the first to
recommend Khamanei as Gulpaygani's successor. Yazdi made it clear that
Araki was not a satisfactory marja' and that Khamanei was the only
qualified candidate. He argued that for a marja' not only is it important that
he is a jurisconsult, that he is pious and just, but also that he has political
and social consciousness so as to manage the Islamic community and
society. Furtherm ore, since the installation of the sovereignty of the Islamic
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78 0 MIDDLE EASTERN STUDIES
government it was not in the interest of the Islamic community that there
was more than one marja'. Islam was now being guarded by the wali-yi
amr, and he was capable of handling all kinds of issues. Yazdi warned
against the separation of religion and politics which could be avoided by
comb ining the wilayat and the marja 'iya in the person of Kham anei.20 Other
clerics affiliated with or belonging to the government, did not support Yazdi
and Nuri but supported A raki. It was stressed repeatedly that Araki had been
involved in the revolution and had always endorsed the Islamic Republic.21
The reference to political, social (and also econom ic) consciousness as a
requirement for the marja '-i taqlid is not groundless, since at times there
had been marja's who were engaged in political, social or economic
affairs.22
Some of them had had close relations with and supported thegovernment, such as the mujtahids who endorsed the two wars with Russia
in the nineteenth century. Others at times had opposed the political
authorities, like Mirza Hasan Shirazi who played a role in the resistance
against the Tobacco Concession in 1891-92.23
But the attempt to combine
political and religious authority in one person, was unprecedented. It had
been an innovation of the Islamic R epublic (with of course the exception of
the first Islamic century).
After the death of Araki on 30 Nove m ber 1994, m ore clerics made clearthat they w ere in favour of the nomination of Kh am anei for marja '-i taqlid.
The daily Ittila'at for instance published speeches of clerics who
recommended Khamanei as the successor of Araki.24
The Militant Clergy
Association presented the names of Khamanei, Muham mad Fazil Lankarani
and Mirza Jawad Aqa Tabrizi, thereby contradicting earlier reports that
Khamanei's name was not one of the names on the list of the Association.25
The statement referred to Khamanei as Ayatollah al-'uzma and said
furthermore that both Gulpaygani and Araki had supported the wilayat andimama of Khamanei. From this statement, as published in Ittila 'at, it seems
that Khamanei was now the favourite candidate of the Militant Clergy
Association. Khomeini, however, despite being dead for more than five
years, was regarded as the marja '-i taqlid par excellence, because at the end
of the statement it was stressed that in case anyone was incapable of
obtaining the fatwa's of the recom m ended persons , those of a dead mujtahid
like Khomeini could still be followed. Other dead marja's were not
mentioned.26
In an official statement, dated 2 December (11 adhar 1373), the
Association of Teachers of the Hawzeh Theological College in Qum
presented seven names, with Khamanei's name third on the list.27 Two days
later Ittila 'at published a statement by the Propaganda Office of the Haw zeh
Theological College. The statement mentioned the necessary qualities a
marja' should possess, such as political consciousness and the ability to
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THE MARJA'IYA IN IRAN AND THE NOMINATION OF KHAM ANEI 78 1
handle political and social issues. No reference was made to traditional
requirements like knowledge, piety and justice. On the contrary, a mujtahid
who excelled in matters of usul and furu' but who was not familiar with
religion as a system of economic, political, social and internationaldimensions was not learned enough to be a mujtahid. The conclusion of the
statement was that Khamanei was recommended as the suitable candidate
for the marja 'iya.2t
Although there were some supporters who referred to Khamanei's
ability to deliver legal opinions (ifta),29 most supporters spoke about the
safeguarding of Islam, the Islamic revolution and Islamic Republic against
foreign, hostile powers as the requirement for the position of marja'i-
taqlid.™ In the Tehran Friday sermon, Ayatollah Jannati, member of theAssembly of Experts, said that the safeguarding of Islam is more binding
{wajibtar) than the safeguarding of the ordinances (ahkam).^ M oreover, like
Majlis Speaker Natiq Nuri a few days later, he stated that the safeguarding
of the Islamic government of Iran is the most essential obligation.32
The
marja '-i taqlid had therefore to be prevented from being able to issue legal
decisions not in line with governm ent po licies and as a result are against the
national interest." According to Jannati the exam ple of birth control show ed
this best.34 An uncontrolled birth rate is harmful at this time, therefore theIranian government has a well-considered government policy concerning
the necessity of birth control. The issuing of fatwas with opposite advice
endangers the national interest.35
These remarks clearly show that Khamanei's nomination by several
members of the Iranian clergy was motivated primarily by a desire to ensure
that the marja'iya came under Iranian state control so as to exclude
competition or intervention in state affairs through the issuing of decrees.
This was not the first time that Iranian political authorities had tried to
'anoin t' a successor to a deceased marja '. After the death of marja '-i taqlid,
Ayatollah A qa Husayn B urujirdi on 31 March 1961 , M uam ma d R eza Shah
had sent his condolances to Ayatollah Muhsin Hakim, residing in Najaf.36 In
a message after Burujirdi's death Muammad Reza Shah referred to Muhsin
Hakim and other ulama and aqayan in his condolences.37 With his
condolences, the Shah made clear that he approved of Ayatollah Hakim as
Burujirdi's successor as marja'-i taqlid. It is generally accepted that the
Shah's intervention must be seen as an effort to silence the influential and
independent institution of the marja 'iya inside Iran and especially the ulam a
in Qum.38 But, according to Ruhani, after the death of Muhsin Hakim in
1970, the shah sent his condolances to two Iranian Ayatollahs: Ahmad
Khwansari (d.1985) in Tehran and Shariatmadari, who, although from
Tabriz, resided in Qum . A second on e was sent by the court to Yusuf Hakim ,
the son of the deceased marja '.39
It is unclear how far the shah intended to
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78 2 MIDDLE EASTERN STUDIES
go with his involvement in religious affairs, but it is evident that he never
went as far as trying to dissolve the independent institution of the marjaiya
and make it part of the state apparatus.
There are more indications that the nomination was an attempt to bringthe marja'iya under Iranian state control. First, the role of the Iranian
Militant Clergy Association and the Association of Qum Teachers - both
associations closely linked to the regime - in the nomination was stressed,
leaving no room for independent preferences for candidates from outside
Iran, who were not mentioned at all. Natiq Nuri for instance stated that the
Association of Teachers of the Hawzeh Theological College in Qum and the
Militant Clergy Association were the bodies to be qualified to select a
marja'-i taqlid. They were praised for endorsing Khamanei as the newmarja'-i taqlid. In his speech, Natiq N uri referred to the fact that Kham anei
had been chosen by the Assembly of Experts as leader of the Islamic
Republic five years before, then he thanked the two associations for m aking
the well-considered decision to select Khamanei as marja'-i taqlid. But as
already mentioned, nomination by collective bodies was entirely without
precedent. Never was a new marja'-i taqlid selected or elected by a
commission, instead one or more persons would be gradually accepted by
the comm unity.
40
To counter this objection, Muhammad Yazdi, Head of theJudiciary explained that the two Associations had in fact taken over the
responsibility from the two just and qualified perso ns w ho were needed to
make the designation of a marja '-i taqlid acceptable.41
Second, it was stressed that condolences from both Sunni's and Shiites
outside Iran were sent to the leader of the Revolution, thus emphasizing his
importance.42 This had also been the case when the Iraqi marja' Abu' l
Qasim Khu'i died in August 1992.43 Thirdly, Khamanei still claimed to be
marja' for Shiites outside Iran even after his subsequent withdrawal as acandidate. He argued that there were enough mujtahids in Iran for Iranians
to follow but that abroad the situation was quite different. Outside Iran there
was as yet no one who could function as marja' except for himself. Once
that situation would have changed, he would be quite happy to relinquish
the marja'iya for Shiites outside Iran as well.44
A second m otive for the elevation of Kham anei, apart from the desire to
increase state control over the clergy, was to give the state a renewed basis
for its claim that it was an Islamic theocracy, in accordance with the above
mentioned statement by Khomeini that the government was a offshoot of
the prophet's absolute mandate.
The reference to the imama of Kham anei in the statem ent by the Militant
Clergy Association shows that he, like Khomeini, is considered to be
governing on behalf of the twelfth imam.45
The remarks by Muhammad
Yazdi in Decem ber 1994 confirm this. After repeating his w ords from 1993
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THE MARJA'IYA IN IRAN AND THE NOMINATION OF KHAM ANEI 78 3
that during a time when Islam gov erns only one person is needed who issues
decrees, he says that the religious taxes should be paid to the jurisconsult
who is guardian and w ho governs the state and not to a juriscon sult who
does not rule.46
This clearly is an attempt to challenge the status and
influence of the marja'-i taqlid, which is also based on his financial
resources coming from these religious dues.47
Even Ayatollah Azari-Qumi,
who was against the nomination of Khamanei and favoured Ayatollah
Bihjat, said that the religious dues should be paid to the leader of the
revolution for his 'executive work' in the Islamic world.48
It could be argued that Khomeini had himself set a precedent for the
primacy of social and political arguments over religious ones. According to
Momen, Khomeini had also only become a marja-i taqlid on the basis of hisreputation for his political activism and not on the basis of his superiority in
learning in the field of jurisprudence.49
Akhavi has a lso stated that, a lthough
Khomeini was a marja', he was considered to be minor in rank, probably
because he had published less than other maraji'.i0
Khomeini was well
respected for his knowledge in kalam (speculative theology), ahlaq (ethics),
'irfan (gnosis) and philosophy but these fields were considered to be
inferior to law and knowledge in these fields was not a requirement for a
marja'. Momen has also argued that Khomeini's elevation to the rank ofGrand Ayatollah took place only after his arrest in June 1963 and was a
political move by Iranian ayatollahs who thus made him immune for the
carrying ou t of the death sentence which w as proclaimed by a military cou rt
after Khomeini's involvement in the uprising of June 1963 against the
shah.51
This is doubtful, however. Ruhani does not mention this death
sentence. According to him, Khomeini was detained for one day in the
officers club in Tehran and subsequently for nineteen days in Qasr prison.
Thereafter he stayed under house arrest in Tehran until the end of the A lamgovernment in May 1964.
52Ruhani does not mention Khomeini's supposed
elevation to Ayatollah al- 'uzma after his arrest either. It is clear, however,
that the issue of immunity from prosecution played a role at the time.
According to Ruhani, ayatollah Qumi sent a letter to Shariatmadari and
three other maraji' in which he spoke about the maqam-i ruhaniyat (rank of
the clergy) and its immunity.53
Reports about the death sentence against
Khomeini are based most probably on rumours spread by anti-shah activists
to discredit his regime.34
In the end, the marja'iya proved a bridge too far for the religious
lightweigh t Kham anei - in spite of his considerable political powerbase. He
announced his withdrawal as a candidate for the marja 'iya on 14 December
1994. He explained that the burden of the leadership was too heavy to
combine it with the marja'iya and that there were more than enough
mujtahids in Qum who could issue a risala." His withdrawal must be seen
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78 4 MIDDLE EASTERN STUDIES
as an attempt to meet the growing crisis within the Iranian government
originating in the conflicting views about Khamanei's nomination and to
close the ranks within the Iranian elite again. There was an intensive effort
to save face. Several statements were made to deny the fact that the Iranianelite was divided over the marja 'iya affair and all negative reports over the
marjaiya were presented as fabrications of the anti-Iranian media.
Khamanei's ability as a wali-yi amr was underlined and the responsibility
and importance of the institution of the wilaya t-i faqih.56
The most striking
exam ple were the statemen ts in defence of Kham anei of Hashimi Rafsanjani
who had neither made any public com ments on Kham anei's nom ination nor
had he made his viewpoints clear until after Khamanei's withdrawal. The
fact that Hashimi Rafsanjani did not interfere publicly must be seen asevidence for his disapproval of Khamanei as a candidate for the marja 'iya.
His words 'our recognition of him as the marja" were only made after
Khamanei's withdrawal and the reports by radio Tehran that he referred to
Khamanei as 'Ayatollah al-'uzma' may not be genuine.57
Moreover,
Hashimi Rafsanjani's remarks that Khamanei had not once considered
accepting the marja'iya and that all these lies from the Zionist and
imperialist media were an injustice to the marja'iya and Khamanei make
this even more clear.
58
But there were also some who stood firm in their view that wilayat-i
faqih and marja'iya should be combined. Ayatollah Imami Kashani for
instance said that the wali-yi amr is a marja' according to fiqh and that he
has the allegiance (bay'a) of the people and the support of the imam-i
zaman.59
The conclusion m ust be that Kham anei's nom ination was not an isolated
event but part of a process which had started with the death of Khomeini in
1989. Because of his political clout, Khamanei managed to succeed
Khomeini as rahbar in spite of his low religious status and the existence of
constitutional impediments. The policy of the Iranian leadership in the
following years was to ensure that the wilaya t-i faqih was the real political
and religious authority, not only on the basis of the constitution and
Khomeini's remarks that the government was an offshoot of the mandate of
the prophet, but also on the basis of a state controlled marja 'iya. When the
opportunity arose after the death of Araki in 1994, Khamanei made a move
to get himself appointed and so to to combine in himself all the authority
which had once been Khomanei's. When the opposition to the appointment
proved too strong, the pre-eminence of the wilayat over the marjaiya was
em phasized by the regim e in an effort to limit the dam age. The w hole affair
once m ore show s that the Iranian governm ent is still in doubt and indecisive
about the consequences of the elimination of marja'iya from the
requirements for the Iranian leadership in the revised Constitution of 1989
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THE MARJA'IYA IN IRAN AND THE NOMINATION OF KHAMANEI 78 5
which, as Arjomand has noted, 'resulted in a new dualism of political and
religious authority, representing a compromise between traditional and
innovative principles, between marja'iyat and welayat-e faqih in Shi'ite
Persia'.
60
N O T E S
1. See for a survey of the critical views by opponents, inside and outside Iran: W. Buchta, 'DieIslamische Republik Iran und die religios-politische Kontroverse um die marja 'iyat', Orient,Vol.36, No.4 (1995), pp.449-74. See also London based Keyhan, 24 Nov., 1 Dec. and 8Dec.1994 (FBIS, Daily Report, 20 Jan. 1995); S. Haeri, 'Kham enei's religious cou p', Middle
East International, No.490, 16 Dec. 1994, p.14; K. Foroohar, 'Kham enei d idn't m ake it', TheMiddle East, No.242 (1995), pp.12-14; H. Kaidi, 'Iran. L'irresistible ascension d'AliKhamenei', Jeune Afrique, No.1771, 15 dec.1994, pp.37-8 .
2. J. Calmard, 'Mardja'-i taklid', Encyclopaedia of Islam, Vol.6, p.55 5.3. A. Kazemi Moussavi, 'The Institutionalization of Marja'-i taqlid in the Nineteenth Century
Shi'ite Community', The Muslim World,Vol.83, No.3-4 (1994), pp.279-99, pp.291-2. A.Amanat, 'In Between the Madrasa and the Marketplace: The Designation of ClericalLeadership in Modern Shi'ism', in S.A. Arjomand (ed.), Authority and Political Culture inShi'ism (Albany, 1988), pp.9 8-13 2, p . 124.
4. A. Schirazi, 'Die neuere Entwicklung der Verfassung in der Islamischen Republik Iran',Verfassung und R echt in Obersee, Vol.14, No.2 (1991), pp.105-22, p.106.
5. See Articles 107 and 109 of the Constitution of the Islamic Republic of Iran.6. Iran Focus, Vol.2, No.7 (19 89), p.4.7. S. Akhav i, 'Elite Factionalism in the Islamic Repub lic of Iran', Middle East Journal, Vol.41,
No.2 (1987), pp.1 81-20 1, p.197.8. Private comm unication from Dr Touraj Atabak i.9. This letter, dated 2 ordibehesht 1368, 29 April 1989 was published in lttila'at alongside the
sermon of Hashimi Rafsanjani. lttila'at, 20k hor dad 1368, 10 June 1989, p.15; Tehran Times,10 June 1989, Aktueller Informationsdienst Moderner Orient, Vol.15, No.13 (1989),pp.60-1; S. Tellenbach, 'Zur Anderung der Verfassung der Islamischen Republik Iran vom28.Juli 1989', Orient, Vol.31, No.l (1990), pp.45-66, p.49.
10. A. Schirazi, 'Die neuere Entwicklung der Verfassung in der Islamischen Republik', p.112n24.
11. lttila'at, 5 ordibehesht 1368, 25 April 1989, p.2.
12. lttila'at, 10 June 1989, p.15; Tehran Times, 10 June 1989, Aktueller InformationsdienstModerner Orient, Vol.15, No.13 (1989 ), p.6 1.
13. Iran Focus, Vol.2, No.7 (1989), p.4.14. See for an analysis of Khomeini's decree: J. Reissner, 'Der Imam und die Verfassung. Zur
politischen und staatsrechtlichen Bedeutung der Direktive Imam Khomeinis vom 7. Januar1988', Orient, Vol.29, No.2 (1988), pp.21 3-36 , p.223. Said Amir Arjomand, 'Constitution ofthe Islamic Republic', Encyclopaedia Iranica, Vol.6, pp.1 50 -8, p.158 . S.A. Arjomand, 'TheRule of God in Iran', Social Compass, Vol.36, No.4 (1989), pp.539^48. G. Jansen,'Khomeini's Heretical delusions of Grandeur', Middle East International 23 Jan. (1988),pp.18—19. See also article 5 of the constitution of the Islamic Repu blic of Iran .
15. W. Buchta, 'Die Islamische Republik Iran und die religios-politische Kontroverse um diemarja'iyat, p.454. According to Akhavi, 'among living maraji al-taqlid (Khomeini, Kh u'i,Mar'ashi Najafi, Qumi, Gulpaygani), none had advocated revolution'. S. Akhavi, 'EliteFactionalism in the Islamic Republic of Iran', p.191. The inclusion of Khomeini in thissequence seems surprising, to say the least.
16. S. Akhavi, 'E lite Factionalism in the Islamic Republic of Iran', pp . 191 -2.
17. Iran Focus, Vol.2, No.7 (1989), p.4.
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18. Tehran Times, 13 June 1989, Aktueller Informationsdienst Moderner Orient, Vol.15, No.13
(1989),p.64.
19. Arjomand has already observed that the authority of the marja'-i taqlid is increasinglythreatened in Iran and that 'the institutionalization of the Mandate of the Jurist into a
monistic authority structure of the nation-state signalled the end of the traditional pluralism
of the institution of the religious leadership of the sources of imitation, and the beginning ofth e conciliar institutionalization of hierocratic authority in Shi'ite Iran'. S.A. Arjomand,'Constitutions and the Struggle for Political Order. AStudy in the Modernization of PoliticalTraditions', European Journal of Sociology, Vol.33 (1992), pp.39-82, p.72.
20. Yazdi in Tehran Friday sermon, Ittila'at, 12 Dec. 1993 (21 adhar 1372). For Natiq Nun'sremarks see:FBIS, Daily Report, 20 Dec.1993.
21. See Ittila'at, 12Dec. 1993 (21adhar 1372).
22 . A. Amanat, 'In Between the Madrasa and the Marketplace: The Designation of ClericalLeadership in Modern Sh i' ism', pp.98-132, esp. p.117.
23. A.Kazemi Moussavi, 'The Institutionalization of Marja'-i taqlid in the Nineteenth Century
Shi'ite Community', p.291.24. See for instance Ittila'at, 1-5 Dec. 1994(10-15 adhar 1373).25. Iran Times, 9 Dec.1994, p.1-2. See also FBIS, Daily Report, 20 Jan.1995, citing London
based Keyhan.
26. Ittila'at, 3 Dec.1994 (12adhar 1373), p.3.
27. Ittila'at, 3 Dec.1994 (12adhar 1373), pp .1-2 .28. Ittila'at, 5 Dec.1994 (14adhar 1373), pp.1 -2.
29. Ayatullah Murtaza Bani Fazl, Ayatullah Fazil Firdawsi, Ittila'at, 3 Dec.1994 (12 adhar1373),p.2.
30 . See for these remarks by several clerics: Ittila'at, 3 Dec. 1994 (12adhar 1373),p.2.
31. Friday sermon Ayatullah Jannati, see Ittila'at, 3 Dec. 1994 (12adhar 1373).
32 . This part of Natiq Nuri's speech was not published in Ittila'at, see FBIS, Daily Report, 5
Dec.1994.33. These words are almost the same as those of Sayyid Jalaludin Madani about the role of the
marja '-i taqlid as laid down in the Constitution of 1979. These arecited by S. Saffari in The
Legitimation of the Clergy's Right to Rule in the Iranian Constitution of 1979', BritishJournal of Middle Eastern Studies Vol.20, No.l (1993), pp.64-8 2, p78.
34 . Friday sermon Ayatullah Jannati, see Ittila'at, 3 Dec. 1994 (12adhar 1373), p.4.
35 . Friday sermon, Jannati, FBIS, Daily Report, 5 Dec. 1994.
36 . Ruhani (Ziyarati), Barrasi wa talili az nehzat-i imam Khomeini (Vol.1) (Tehran, 1981).(Vol.2): Nehzat-i imam Khomeini (Tehran, 1985), p.551. B.'Aqili, Ruz-i shumar-i tarikh-i
'Iran. Az mashrute ta inqilab-i islami, Vol.2 (Tihran, 1370), p.121, 10 faw.1340/30 March1961. See also R. Mottadeh, The Mantle of the Proph et. Religion andPolitics in Iran (New
York, 1985), p.242; H. Algar 'The Oppositional Role of the Ulama in Twentieth-CenturyIran' in N.R. Keddie (ed.), Scholars, Saints, andSufis. Muslim Religious Institutions in the
Middle East since 1500(Berkeley, 1972), pp.231-272, p.244. According to A. Taheri, The
Spirit of Allah. Khomeini and the Islamic Revolution (London, 1985)p.117, the shah senttelegrams to several mujtahids, excluding Khomeini. Taheri, however, is not very reliable.
37 . Ruhani, Nehzat-i imam Khomeini, p.554.38. For instance: H. Algar 'The Oppositional Role of the Ulama in Twentieth-Century Iran',
p.244. S.Akhavi, Religion andPolitics in Contem porary Iran. C lergy-State Relations in the
Pahlavi Period (Albany, 1980), p. 100.
39 . Ruhani, Nehzat-i imam Khomeini, p.554.40. Ittila'at, 4 Dec. 1994 (13 adhar 1373), pp .1-2 .
41. Friday sermon, Ma'at, 10 Dec. 1994 (19 adhar 1373), p.4. See also several remarks by
Khamanei'i in lila'at, Dec. 1993.
42. See lila'at, 12Dec. 1993 (21adhar 1372), 1 Dec.1994 (10adhar 1273). FB IS, Daily Report,1 Dec. 1994.
43. Ittila'at, 19Aug. 1992 (29 mordad 1371).
44. Ittila'at, 15Dec. 1994 (24adhar 1373) pp.1 -2,4. During thehostilities between Iran and Iraqwhich preceded the Iran-Iraq war, it was said that Khomeini was accepted as a marja' in
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particular by Iraqi Muslims; The Imam and the Ommat. The Selected Messages of ImamKhom eini C oncerning Iraq and the War Iraq Imposed upon Iran (Tehran, 1981), p.39.
45. lttila'at, 3 Dec . 1994 (12 adhar 1373), p. 3.
46. Friday sermon, lttila'at, 19 Nov., 10 Dec. 1994 (19 adhar 1373), p.4.47. A.K.S. Lambton, 'A Reconsideration of the position of the Marja' Al-Taqlid and the
Religious Institution', Studia Islamica, Vol.20 (1964), pp.132-3.48. The Echo of Iran, Vol.42, No.80 (1994), p.19.
49. M. Momen, An Introd uction to Shi'i Islam (New Haven, 1985), p.255. See also N.R. K eddie,RooK of Revolution. An Interpretive History of M odern Iran (New Haven, 1981), p.157.
50 . Akhavi, Religion and Politics in Iran, p.100-1.
51. Momen, An Introduction to Shi'i Islam, p.254.
52. Ruhani, Barrasi wa tahlili az nehzat-i imam Khomeini (Vol.1), p.473, 740. See also M.Zonis, The Political Elite of Iran (Princeton, 1971), p.45. Other sources do not mention adeath sentence but say that after Khomeini's arrest, an agreement was reached between thesecurity forces and Khomeini that he would refrain from political activism, he was then put
under house arrest; N.R. Keddie, Roots of Revolution. An Interpretive History of ModernIran (New Haven, 1981), p.159. This was denied by Khomeini. See his 'IslamicGovernment', in Islam and Revolution. Writings and D eclarations of Imam Khom eini.Trans l. and ann. by H. Algar (Be rkeley, 1981) p.139. Ervand Abraham ian also denies that anagreement was reached. According to him these were rumours spread by the regime andexposed by Khomeini in 1964 through continuing opposition against the shah; E.Abrahamian, Khomeinism (London, 1993), pp.10—11.
53. Other ulama in letters to each other also mentioned the fact that immunity for 'ulama' is laiddown in the Constitution. Ruhani, Barrasi wa tahlili az nehzat-i imam K homeini, p.751. Healso states on the same page that Shari'atmadari, after Khomeini's arrest, declared that Shi'aIslam was the state religion and that Khomeini represented her.
54. Private communication from Touraj Atabaki.55. lttila'at, 15 Dec. 1994 (24 adhar 1373), pp.1-2,4 .56. See for instance the Friday sermons in lttila'at by Imami Kashani, 18 Dec. 1994 (27 adhar
1373); Hashim i Rafsanjani, 1 Jan. 1995 (11 dey 1373), pp.1,2,4 ; Janna ti, 24 Feb . 1995 (3bahman 1373).
57. 'our recognition of him as the ma rja": Friday sermon in lttila'at, 1 Jan. 1995 (11 dey 1373).Tehran Voice of the Islamic Repub lic of Iran on 30 Nov. 1994, FB IS, Daily Report, 30 Nov.1994.
58 Friday sermon, lttila'at, 1 Jan. 1995 (11 dey 1373).59 . Friday sermon Ayatullah Imami Kashani, lttila'at, 18 Dec. 1994 (27 adhar 1373), p.4. After
Khamanei was chosen as Khomeini's successor in June 1989, lttila'at also mentioned thefact that Khamanei had the allegiance of all sections of society.
60. Quotation from Said Amir Arjomand, 'Constitution of the Islamic Rep ublic', EncyclopaediaIranica, Vol.VI, ed. by E.Yarshater (Costa Mesa), pp .150 -8, p.158.
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