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Night 1 - 'Wilayat al-Faqih: Guardianship of the Jurist' - Dr. Sayed Ammar Nakshawani
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20/08/20
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Night 1 - 'Wilayat al-Faqih: Guardianship of the Jurist' - Dr. Sayed Ammar Nakshawani ---- Click Here to Subscribe & keep updated with our latest videos on our Channel: https://www.youtube.com/sayedammarnakshawaniofficial Follow Sayed Ammar on our social media pages: Facebook - https://www.facebook.com/SANakshawani/ Instagram - https://www.instagram.com/sayedammarofficial/ -----
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Transcript
[0:00]filled with such sorrow to see my assigar i crave i hear
[0:10]nothing but his cries oh son please do not arise and with
[0:20]this mother sympathize and with this mother sympathize the moon of muharram
[0:33]times of sadness have come the crescent has now arrived casting glomond
[0:44]karbala casting glomond karbala witnessed it the trampling on shameghari bar so
[1:03]that night the terror board is scattered afar tans looted and on
[1:14]fire earrings snatched from rukaya the moon also in such pain this
[1:27]household bound in chains this household bound in chains the moon of
[1:36]muharram times of sadness have come the crescent has now arrived casting
[1:50]gloom on karbala casting glomond karbala from this month my bb had
[2:04]to wander well less zoharra's grave is restless for her daughter princess
[2:18]the cloak of purity from this mother so holy the beloved of
[2:29]atema paraded in the bazaar paraded in the bazaar the moon of
[2:43]muharram times of sadness have come the crescent has now arrived casting
[2:58]muhammad wali muhammad salwat or the guardianship of the jurist is without
[11:03]a doubt one of the most important concepts in shia'i thought and
[11:08]indeed there's a concept that requires a thorough dissection for it's one
[11:14]which affects each and every one of our lives the discussion concerning
[11:18]wala'at al fakih is a discussion that allows us to delve into
[11:22]the world of islamic law of islamic history of islamic political theory
[11:29]as well as understanding the concept of governance and authority in shia
[11:34]thought because since time immemorial mankind has always asked the question how
[11:40]do we ensure that we have the perfect government what makes the
[11:45]perfect government who leads the perfect government what is the ideal candidate
[11:50]for the perfect government how does state and religion come together should
[11:56]state and religion be separate or should they even be intertwined should
[12:02]religion and politics mix or should they be completely separate from one
[12:06]another you found in different epochs in the history of man that
[12:11]we've either had states which in some cases were known as theocracies
[12:15]and others were known as democracies and others were known as secular
[12:19]states the abrahamic faiths will clearly show you that in their history
[12:24]and in some of their discussions concerning governance and authority the clergy
[12:29]have to be at the helm if the prophets of god such
[12:33]as david or solomon or joseph were both rulers politically as well
[12:40]as spiritually then likewise the representatives be they the rabbis be they
[12:45]the priests for example also have to be able to be of
[12:49]those who rule they shouldn't just guide us for example in the
[12:54]area of spirituality where they tell us which supplications to recite but
[12:59]they should also be of those who head a whole state politically
[13:03]providing us with political guidance sociopolitical dimension where we as the followers
[13:11]of the clergy or the followers of the hierarchy of the priesthood
[13:15]or the follower of the hakim or the sultan we seek guidance
[13:20]from them on political affairs therefore you find that when you come
[13:24]to the history of man before one may argue the enlightenment religion
[13:29]and the state would come together the clergy would have a quite
[13:34]pivotal position at the helm then post enlightenment we went towards a
[13:38]world of secularism that as soon as you had mentioned religion people
[13:42]would always say to you keep the church and the state separate
[13:45]from one another but until today there are some who cannot conceive
[13:50]of the idea that someone who looks like a mawlana or looks
[13:54]like an imam of a mosque can be the head of a
[13:56]state for them keep the mawlana keep the head of the state
[14:00]in your mosque he can recite an istikhara for you he can
[14:04]do talaq for you he can do a katbiktaab or an aqid
[14:08]for you but don't let him get involved in the political scene
[14:12]they say the political scene is for the statesmen the statesmen have
[14:17]that authority therefore they are the ones who should be the ones
[14:20]who head the state today the very idea of a religious government
[14:25]or the idea for example of a philosopher type king at the
[14:28]helm may be seen as something symbolic you might have a queen
[14:32]who heads a church her role is symbolic not necessarily political but
[14:37]rather she might be symbolically there to keep the state in order
[14:41]the discussion of wilaat al fariy is a discussion that allows us
[14:46]to delve into the shi'i conception of governance and authority if i
[14:52]as a shi'a was to discuss the ideal government or i as
[14:56]a shi'i was to discuss the ideal state then when i discuss
[15:01]the ideal government or i discuss the ideal state what would happen
[15:06]what would happen would be that i'd have to look at the
[15:08]foundations of this ideal state the discussion therefore of the guardianship of
[15:14]the jurist is a discussion that allows me to go back into
[15:18]one thousand four hundred years of shi'a history i ask any of
[15:22]our congregation what's your relationship with shi'ism most of the shi'a community's
[15:27]relationship with tashayuq is the first couple of hundred years they know
[15:31]the prophet and the imams ask them the remaining thousand years after
[15:38]your imam went into khaybah what's your role as a shiai are
[15:43]you meant to wait for the imam and just completely suspend any
[15:47]involvement in the political realm are we meant not to even establish
[15:52]a government until the imam returns you find therefore that these questions
[15:57]emerge because these questions then allow me to understand that if i
[16:02]was to think about governance and authority how would i establish governance
[16:08]should governance be forced if governance is forced then is this something
[16:12]acceptable or non acceptable what if the people want a government what
[16:17]if there's a referendum for a government what if there is a
[16:21]land where the referendum leads to a government unfortunately this discussion which
[16:27]is one of the most beautiful discussions has become a discussion where
[16:31]people have begun to hate and slander one another you're either pro
[16:35]wilaat al fatih or you are anti wilaat al fatih you are
[16:39]either with us or you are against us you are either someone
[16:44]who reveres ayatullah khamenei may allah lengthen his life or you're someone
[16:49]if you don't follow that way then you're someone who opposes the
[16:53]marja or the wali al amr of the muslim community you find
[16:57]therefore that people have begun to be involved in slanging matches slandering
[17:03]one another attacking one another abusing one another may allah lengthen his
[17:10]life discuss this beautifully on one occasion he says those who are
[17:14]pro pro the theory of the guardianship of the jurist or the
[17:19]concept of the guardianship the jurist and those who are against many
[17:23]of them have not even finished the middle stage of hausa if
[17:27]you ask many who tell you that i'm with walehat al fakih
[17:30]or i am against walehat al fakih you'll find that many of
[17:33]them have not even finished the preliminary studies that you need to
[17:37]discuss such concepts you look at him vehemently and vociferously speaking out
[17:43]against walehat al fatih without knowing history of the meaning of the
[17:47]term walayah what is the meaning of fatih who are the scholars
[17:52]who have discussed this there's a misconception that ayat al khomeini may
[17:55]allah bless his soul was the founder of the theory or the
[17:59]concept of walayat al fatih on the contrary you find that many
[18:02]ulema before ayat al fatiyeh had already discussed wila'at al fatiyeh but
[18:08]how many people know the writings of sheikh al mufiyeh how many
[18:12]know sheikh tusi how many know for example karaki how many know
[18:16]narati how many even know for example others such as gulpai gani
[18:21]naini ansari ayatullah al khawi some of these are household names others
[18:27]of them none of us have read their works there are some
[18:30]people who will sit and attack those who either are with or
[18:37]against and you'll find they don't know any of the discussion concerning
[18:42]this issue this discussion of wullahi al fatih is a discussion of
[18:46]an academic nature it allows us to delve into not only our
[18:51]history but on a contemporary level because the reality is since 1979
[18:56]the only shia majority country with a government is iran that's something
[19:01]we cannot deny there is no denying that since 1979 many people's
[19:06]passion and inspiration for their madhab for tashayyur was because of the
[19:11]iranian revolution therefore for us when we discuss this it's not a
[19:15]matter of discussing so that we fight each other when our ulema
[19:19]from the time of sheikh al mufid and sheikh hattusi to the
[19:22]times of sheikh al fatih karakiya and naraati and fayed kashani and
[19:27]the likes of sheikh mortab al ansari ayatullah al khoi ayatullah al
[19:31]khomeini have all discussed they discussed it so that we were able
[19:36]to understand whether and what is our responsibility in the gaiba of
[19:40]the imam how many times have you sat down at home and
[19:42]thought what's my responsibility in the absence of the imam what is
[19:46]my role am i meant to sit back and suspend all involvement
[19:50]am i meant to be proactive that's where the discussion of wilayat
[19:53]al fati comes in let us tonight examine in-depth wilayat al fati
[19:59]in order that we're able to understand the backdrop of this concept
[20:04]of governance and authority within shiite thought and i'd like to dissect
[20:09]this in the following stages number one ultimately who does all authority
[20:14]belong to number two how was it this authority devolve to the
[20:19]prophets as well as to the imams of ahlul bayt number three
[20:26]was the prophet simply a spiritual man or was he also political
[20:30]and if you were to name seven duties that the prophet peace
[20:33]be upon him and his family had what would they be number
[20:37]four how did the day of gadir and the giving away of
[20:40]the ring transfer wilayah from the prophet peace be upon him's family
[20:44]to the imam number five did the ahlul bayt believe religion and
[20:49]government should come together or should they be completely separate and which
[20:54]hadith mentions how religion and government are twins that both need one
[20:59]another number six therefore when the twelfth imam went into ghaybah how
[21:05]then did we understand the wilaya of allah the prophet and the
[21:09]imams and how did ayatollah al khomeini may allah bless his soul
[21:14]discuss what had already been discussed by many before him number seven
[21:20]what's the difference in the theory of and which has been elucidated
[21:28]upon between ayatollah al khomeini and ayatollah al khui number eight and
[21:34]of the utmost importance when iran established an islamic state and governance
[21:40]and authority was this forced or was there a referendum finally was
[21:46]there a constitution can it be amended and how do we reply
[21:50]to those who say there are mistakes made by fallibils therefore such
[21:54]concept should be completely withdrawn let's discuss this and dissect this topic
[21:59]in complete depth wilaiah means authority of course when we come to
[22:05]the word wilaiah there may be other meanings such as closeness but
[22:09]the reality is that many times when one looks at the word
[22:12]it refers to a guardianship or an authority ultimately the highest authority
[22:19]in islamic thought is allah subhanahu wa ta'ala and therefore you'll always
[22:23]find wali or walaiah next to the name of the lord almighty
[22:31]in the quran many of us when we come to read ayatul
[22:34]qursi and what comes after it we come across the clearest of
[22:39]lines allah is the of those who believe why because if i
[22:53]take allah as my guardian then i can never lose the quran
[22:58]says that i may take my guardian as who i could take
[23:01]shaitan as my guardian i could take the disbeliever as my guardian
[23:06]but those who take allah subhanahu wa ta'ala as their wali as
[23:10]their guardian in terms of authority he takes them out of darknesses
[23:16]and into light therefore i find that on the highest level has
[23:22]the wilayah the authority and the guardianship his wilayah can be seen
[23:27]in where it can be seen for example when it comes to
[23:34]guardianship in the world of creation he creates what he wants and
[23:39]guardianship in the world of legislation yes is in what is in
[23:46]the era of creation allah creates what he wants ultimately allah part
[23:51]of his authority guardianship and power is that he creates what he
[23:56]wants but likewise part of his authority is that he legislates what
[24:00]he wants he legislates for us on the earth to follow that
[24:05]legislation he looks after our rizq that's part of his wilayah he
[24:10]creates that's part of our his wilayah he's the all seeing the
[24:15]all hearing the all knowledgeable the all powerful all of this comes
[24:18]into what remit the of allah yes when the quran for example
[24:24]says that authority guardianship is to allah this authority of allah subhanahu
[24:34]wa ta'ala how is it manifested how is it devolved could allah
[24:40]subhanahu wa ta'ala give part of his wilaya to his creation of
[24:45]course because for allah to manifest that legislation and that power is
[24:51]by appointing prophets on the earth who have some of that how
[24:57]many times when you look in the quran you find allah subhanahu
[25:00]wa ta'ala mentioning that not only is he the wali but that
[25:04]rasulullah salallahu alaihi wa'alehi is also the wali of course rasulullah salallahu
[25:10]alaihi wa'alehi is not independent it's dependent on who dependent on allah
[25:16]giving him the in the quran what do we see in surah
[25:20]five verse 55 surely indeed allah is your guardian this is fundamental
[25:31]in our understanding of allah is your guardian all muslims agree on
[25:39]this and his prophet look how some of the of allah subhanahu
[25:47]wa ta'ala is given to rasulullah sallallahu alaihi wa'alehi was given to
[25:52]nuh alaihi wasalam was given to alaihi wasalam was given to isa
[25:58]alaihi salam when the quran says guardianship it means that allah had
[26:10]manifesting his authority and guardianship manifested ed it in the form of
[26:15]a prophet who walked on this earth like other prophets they came
[26:20]with clear truths with clear proofs as a guidance and authority on
[26:25]behalf of allah subhanahu ta'ala do you agree therefore when we all
[26:28]look at this we found that rasulullah was like other prophets when
[26:33]the quran said we have sent our messengers with clear proofs and
[26:45]with them what have we sent the book and the scales so
[26:49]that they may judge with equity wait i thought rasulullah only comes
[26:54]to teach us namaz he just comes to teach us prayer fasting
[26:58]hajj no he also has the wilayah of qadha with shariaqa rasulullah
[27:04]sallallahu alaihi wa'ale if his lord's wilayah is legislation then he must
[27:08]implement that legislation that's why if i was to ask all of
[27:12]you define for me seven roles or seven areas of the wilayah
[27:18]of rasulullah these definitions are vital why because we're gonna see the
[27:23]transfer and how much of that transfer moves from one epoch of
[27:27]shi'ism to another epoch of shi'ism rasulullah when the quran said what's
[27:36]his willaya first he's the one who establishes laws for us do
[27:41]you agree on behalf of who on behalf of allah subhanahu ta'ala
[27:44]he tells us what is halal what's haram he tells us what's
[27:48]wajib what's makru what's mubah do we all agree he tells us
[27:53]about all of these that's number one number two he adjudicates in
[27:58]our affairs yes he doesn't just sit there and pray salah and
[28:02]sit in a cave twenty four seven he adjudicates in our affairs
[28:07]if there's a dispute that takes place he adjudicates in that dispute
[28:12]number three he looks after the needy and the downtrodden in the
[28:18]society's wealth or for example what there has been left behind for
[28:23]them yes if for example there is an orphan that orphan the
[28:30]parents have died the parents left behind a few £100,000 you've got
[28:35]a boy who's nine years old and you've got a girl who's
[28:38]six years old can a boy who's nine look after a bank
[28:42]account of few £100,000 no you can't so then what do you
[28:46]have you have rasulullah part of his walaiah is what is that
[28:52]he can look after those funds until what until that boy reaches
[28:58]for example the age where he is able himself to have responsibility
[29:03]for this these we call them umar hasbiyyah the holy prophet peace
[29:07]be upon his family can look after the wealth of an orphan
[29:11]or the wakf the endowment if there's an issue for example he
[29:15]can be responsible or on the fourth level rasulullah can also solemnize
[29:23]or dissolve a marriage you know sometimes there may be husbands who
[29:27]are like listen i'm not gonna give you a divorce i'm your
[29:30]welly i'm your guardian i'm the one who's in charge here if
[29:34]that husband has financially not looking after his missus and that husband
[29:39]is someone who's not looking after her also in other areas which
[29:43]is her right then what happens the husband can turn around at
[29:47]the moment say you're never gonna get divorced rasoolallah sallallahu alaihi wa'ala
[29:50]at that moment can come in he can dissolve a marriage because
[29:53]of his wilayah what do we have now the one who provides
[29:57]us what's halal and haram the one who adjudicates in our affairs
[30:01]the one who has the wilaya to be able to look after
[30:06]the endowments orphans the one who could solemnize a marriage or dissolve
[30:11]a marriage number five another area of his wilayah what is it
[30:15]collection of khums distribution of khums collection of zakat distribution of zakat
[30:24]was there khums in the time of rasulullah sallallahu alaihi wa'alehi of
[30:27]course there was a clear eye on khums if there's a clear
[30:30]eye on khums who's the one who has the authority to look
[30:34]after the khums who is it who's the one who distribute the
[30:37]khums who's the one in charge of the khums who's the one
[30:41]who collects the khums rasulallah part of his collection and distribution of
[30:47]khums collection and distribution of zakat number six to implement the penal
[30:53]code of allah on earth controversial one which i'm gonna come to
[30:58]in the next few nights about sharia law implementation of the cutting
[31:02]of the hands of the thief implementation for example of lashing the
[31:08]one who has committed adultery implementation of for example areas such as
[31:13]stoning and so on isn't this part of his authority that he
[31:16]has to make sure that if there is this happening then he
[31:19]has to make sure he is the one who looks after these
[31:22]affairs and number seven governing the state was rasulullah someone involved in
[31:29]politics because those who say mawlana's and ulama should not be involved
[31:34]in the world of politics rasulullah himself was the head of the
[31:39]state of medina our prophet may have been different to others who
[31:43]may as some claim said give to caesar what's caesar yes and
[31:47]give to the lord was the lord's for example no our prophet
[31:50]was the head of the state he didn't say because i am
[31:54]a religious figure have to stay at home he said no on
[31:58]the contrary at the end of day all of you look for
[31:59]political guidance not just religious guidance you come to me for an
[32:03]istikara i'll do an istikara for you but the sociopolitical dimension of
[32:08]how to live with the christians and the jews and the mushriqs
[32:12]who were living in medina also that area i have to guide
[32:15]you if i'm not aware of the political circumstances of what's going
[32:19]on in medina then how can i be your guide at the
[32:22]end of the day i am the one who has the wilayah
[32:25]from allah therefore would you come to me for because when there's
[32:30]a political issue i'm the one who has to give you that
[32:32]guidance would with all of these areas of wilayah seven of them
[32:37]would he leave the world without ensuring that someone looked after those
[32:42]seven areas as it is it's rational that my prophet who is
[32:46]in charge of the what in charge of halal and haram my
[32:50]prophet who is in charge of adjudicating affairs my prophet who is
[32:55]in charge of looking after the downtrodden and the needy my prophet
[32:59]who's in charge of solemnizing or dissolving a marriage my prophet who's
[33:04]in charge of the collection of khuns my prophet who is in
[33:08]charge for example of implementing the penal code my prophet who is
[33:12]in charge of governing the state he would then leave the world
[33:15]and say you guys choose who should look after these seven areas
[33:18]as in rationally when i'm a shia why am i a shia
[33:21]because i'm born into a shia family not at all it's because
[33:25]i could not conceive that a man would leave the world with
[33:28]these seven areas of wilayah of his authority without someone looking after
[33:33]them the only man amongst those who surrounded him who can look
[33:39]after all those seven areas was imam emir al muminin and how
[33:44]much we miss the nares of the majalis that we would always
[33:47]have you found with imam emir al muminin al alaihi salam the
[33:51]imam on the day of gadir no not just the day of
[33:54]gadir i didn't finish that earlier ayah of surah five verse 55
[33:58]we begin right from the origin of understanding allah's the prophet's did
[34:11]it stop there who is the wali indeed allah has the wali
[34:26]all muslims agree we all agree allah is the guardian for all
[34:29]of us we all agree yes my prophet is a guardian allah
[34:34]said listen islam is not complete just by stopping there there's another
[34:37]area you have to continue which area and those who believe what
[34:43]all of us are the guardians no particular those who establish salah
[34:51]and they give zakat while they are in a state of ruku
[34:57]which man gave away his ring in a state of ruku when
[35:01]the poor in medina was looking for somebody who would at least
[35:05]give him something in the mosque of rasulullah which man was it
[35:10]who gave away his ring the moment he gave away the ring
[35:14]the quran came down and said what don't all you muslims say
[35:18]that authority and guardianship is only allah and the prophet how many
[35:21]times you sit with people who say to you muhammadan rasoolallah is
[35:26]enough no no no no wait the quran made an extension muhammadan
[35:30]next verse and whoever takes allah as his guardian and the messenger
[35:46]of allah that's it no and those who believe then surely they
[35:55]are the party of allah and they are the victorious ones if
[35:59]islam was only two in the kalimah why is allah telling me
[36:03]that i have to make sure i take three as my guardian
[36:06]if islam was only about two in the kalimah then why does
[36:13]the quran in surah five verse 56 says whoever takes allah has
[36:21]his guardian whoever takes the prophet peace be upon his family as
[36:24]his guardian and whoever takes those who believe meaning the man who
[36:28]gave away his ring they are the party of allah yes a
[36:33]muslim needs to believe in the wilayah of allah and his prophet
[36:37]you want to become a mu'min then you have to follow amir
[36:40]al mu'mineen you want to when you want to be of those
[36:45]who follows amir al mu'mineen why because on the day of gadir
[36:49]when the prophet said don't i have a over all of you
[36:56]surah 33 verse six don't i have guardianship of all of you
[37:02]they said he said whoever i have guardianship and will i over
[37:11]now ali ibn abi talib has that meaning what how many times
[37:16]i tell people when you say do you know what you're saying
[37:20]how many for years recite ashhadu an nhaliyan well i asked them
[37:24]what are you saying what you're saying is that the seven areas
[37:27]of authority and guardianship rasulullah had now i believe imam amir al
[37:34]mumineen has them because i believe that my lord has transferred his
[37:39]willaya parts of his willaya manifested them in who in muhammad sallallahu
[37:45]alaihi wa then manifested it on the day of gadir on who
[37:49]imam ali ibn battalion which seven rasulullah told us what's halal and
[37:54]haram does anyone know anything better than alib nabi ta'ala when it
[37:57]comes on what's halal and haram rasulullah used to adjudicate our affairs
[38:02]the judiciary does anyone like imam emir al mumin was anyone more
[38:07]learned with more wisdom than imam ali when judging affairs where ladies
[38:11]children are about to be cut in half and he is able
[38:16]to tell them which one the child belongs to number three rasulallah
[38:21]sallallahu alaihi wa'alehi used to look after the endowments used to look
[38:24]after the orphans he has that control now imam ali alaihi wa'alehi
[38:29]number four rasoolallah sallallahu alaihi wa'alehi could wa'alehi solemnize or dissolve a
[38:33]marriage ali ibn abi talib if he feels a marriage should be
[38:36]dissolved he can do it there and then number five collection of
[38:40]khums distribution of khums collection of zakat distribution of zakat rasulullah was
[38:47]in charge of it from the day of gadir imam ali was
[38:50]in charge of it but number six and number seven there's something
[38:54]interesting here imam ali was announced on the day of gadir do
[38:58]you all agree he didn't take power for twenty five years that
[39:01]means governance as well as the implementation of the penal code had
[39:07]to wait because when others came into authority within the islamic state
[39:13]within the empire imam ali had to wait until when the thirty
[39:17]sixth day after ijira on those other areas people were still coming
[39:21]to imam ali alaihi salam but imam ali alaihi salam had governance
[39:25]and established the sharia when he became khalifa imam ali alaihi salam
[39:31]did not turn around and say religion and government should be separate
[39:33]listen to this hadith what do the ahlul bayt tell us religion
[39:39]and government are like two two are like twin brothers who need
[39:44]each other religion is the foundation and government is the god a
[39:52]place a government without a religion without that foundation will be lost
[39:57]and a government without that guardian will be perished notice here that
[40:02]the didn't just say look at us as people who lead you
[40:06]in salah and we tell you how to perform at siyam we
[40:11]are also those who give you political guidance we will also head
[40:16]a state if the people are ready for us we're not gonna
[40:20]force it upon them when they came to imam ali alaihi salam
[40:24]to become a khalifa he said this is not worth anything for
[40:27]me except to establish justice yes otherwise i don't want something which
[40:32]i don't want to force something on you at saffin when they
[40:35]wanted to do an arbitration did imam ali alaihi salam said i'm
[40:38]the khalifa of you have to follow me no if you people
[40:40]believe that you want to head in that direction then it's up
[40:43]to you imam ali alaihi salam therefore when he had the wilayah
[40:48]he was in power for four years highlighting that the same wilayah
[40:54]that rasulullah sallallahu alaihi wa'alehi had was transferred to imam ali alaihi
[40:59]salam the other imams of ahlul bay salawatu wa'alehi wa'alehi did not
[41:03]of course rule they collected khums they distributed khums imam asadaq until
[41:09]imam al asghari had a wikala system of collecting and distributing khums
[41:14]they would look after endowments they would adjudicate cases they tell us
[41:19]the halal and the haram when our imam went into khaybah a
[41:38]major question arose what was that question who is the authority for
[41:43]us now who is our guardian because we knew allah subhanahu ta'ala
[41:49]is our guardian always rasulullah has died imam ali alaihi salam the
[41:55]other imams have passed away who then is our wali who is
[42:03]the guardian of the affairs of the muslims and this guardianship how
[42:09]far does this guardianship extend you found that when it came to
[42:15]the proponents of let me make something clear here maraja and many
[42:22]of our scholars all believe in but the scope of the wilaat
[42:29]that is taken from the prophet and the imams to the fakih
[42:33]is what they differ over how many of those seven of the
[42:39]prophet and imam ali alaihi salaam in that list are passed on
[42:43]to the fakir because the proponents of that which is espoused by
[42:51]the likes of karaki naraki ayatullah al khomeini may allah bless us
[42:56]all and others before them as well you found their pro those
[42:59]proponents what do they say they all agree with each other in
[43:03]terms of those who don't agree with the full extent they agree
[43:06]that in the absence of the twelfth imam rationally the walayah goes
[43:11]to the most learned of the community because what is walayah at
[43:15]al faqi faqi fiqh fiqh deep understanding of religion which is transferred
[43:22]in most circles today in the understanding of the word law for
[43:25]example so you find is the guardianship of the jurist before it
[43:32]was the of rasulullah then it was the wilayah of the imam
[43:36]then it became what wilayah the guardianship of the jurist who looks
[43:42]after the affairs of the ummah in the absence of the twelfth
[43:46]imam they have their rational proofs for it and they have traditional
[43:52]proofs for it in terms of rational in terms of just following
[43:56]a jurist as your wali they'll say rationally that look you have
[44:00]to go to the most learned twelfth imam is not with us
[44:04]so who do we go to we would obviously go to the
[44:06]most learned in the absence of the twelfth imam someone might turn
[44:11]around and say that i don't believe in taqlid according to text
[44:14]i say well rationally speaking if you haven't done a phd in
[44:17]islamic law and you're not a professor of islamic law you'd have
[44:21]to probably follow someone who is because see that dictates that if
[44:27]i am not an expert in pharmacy i'm gonna go to the
[44:29]pharmacist i'm not an expert in medicine i go to the medic
[44:32]rationally speaking therefore i'm gonna go to who i'm gonna go to
[44:36]the doctor of fiqh they have the wilaya on a rational level
[44:41]then in terms of a textual level how what is there in
[44:46]the text which they use to prove the wilaya of the faqeeh
[44:52]remember we said they all agree wilaya till faqeeh but they differ
[44:58]on the scope of the seven which are transferred from the imam
[45:02]to the jurist how do they differ first what text would they
[45:07]use they choose for example one of the tawkiyat imam the twelfth
[45:12]imam in his tawkiyat to ishaat bin yaqoo he says for example
[45:17]when you come to which area when you come to for example
[45:22]the hawadif that are affecting you right in front of you every
[45:26]day occurrences that are affecting us every day nude occurrences that emerge
[45:32]who do you go to the narrators of our traditions for they
[45:36]are our hujja over you and we are the hujja of allah
[45:40]over the people people okay so they say that this is the
[45:42]first proof that you go towards who you go to the jurist
[45:47]in the absence of the imam okay the second proof is what
[45:52]do they say the second proof is that they say that you
[45:56]go to the of umar ibn hanbala umar ibn hanbala he was
[46:01]what he was one of the companions of imam saddiq there are
[46:07]two traditions omar ibn hanbala in the makbullah and the hadith of
[46:11]abu khadija both companions of imam saddiq ask him a question if
[46:15]two shia have an issue who do you go to can they
[46:19]go to the tahut the non muslim judge imam sallallahu alaihi salaam
[46:25]says no you go to the learned ones or the hakim who
[46:31]we have appointed over you those who know the prohibited the halal
[46:36]and the haram those who know the laws and the ordinances i
[46:40]have appointed them over you therefore in both these traditions the mabullah
[46:45]of omar ibn hanbala and in the other tradition of abu kharija
[46:49]they point to the fact that the imams themselves have said you
[46:53]shia when the twelfth imams gone into kaiba our wilayah our authority
[46:59]if you want to go towards those in authority from amongst you
[47:03]you go to the jurists you go to the haqim you go
[47:07]to the narrator of our traditions some may differ on the reliability
[47:12]of some of these traditions text wise is the isnaud accurate is
[47:15]it not suffice that we can go rationally if we go rationally
[47:20]rationally i would always have to go towards the one who's more
[47:23]learned than me in any subject therefore i do taqlid i'm a
[47:26]muqalid for example of may allah lengthen his life when i do
[47:31]the taqlid of what am i doing i am doing the taqlid
[47:35]of and i recognize rationally that is the most learned in the
[47:41]subject so i follow what then became the difference if they all
[47:46]agree on the of the fatih and they look at these traditions
[47:49]what then became the difference like naraki like karaki also in discussions
[47:56]of many of our said that those areas of the wilayah of
[48:05]rasulallah and the wilayah of the imam are now all transferred to
[48:09]who are transferred to who are transferred to the jurist transfer to
[48:15]the jurist meaning what meaning that that authority to govern the jurist
[48:21]can govern to implement sharia the jurist implements sharia to be in
[48:27]charge of an as well endowments the jurist also is the one
[48:32]who implements these as well ayatollah al khomeini says that if allah
[48:37]if the prophet and the imams are telling the people to go
[48:41]towards the scholars the scholars themselves if they have the authority to
[48:46]judge between the people how are you going to be able to
[48:49]judge unless you're in power and if rationally speaking then government is
[48:54]a necessity who best to lead a government someone who's aware of
[48:59]the principles of the religion you can't let someone lead a government
[49:03]who's not aware of the laws of halal and haram therefore if
[49:06]governance is a necessity and you need someone to lead that government
[49:12]the best amongst you and the most learned is who is the
[49:15]jurist so therefore the jurist should be the one who has the
[49:19]to lead that government not just lead the government if rasulullah was
[49:26]implementing the penal code likewise the jurist is the one who has
[49:31]to ensure that these judgments are there as well further than that
[49:35]that the jurist also not only gives fatwas a jurist will give
[49:40]a fatwa but a jurist also can give a hokum a hokum
[49:47]that is not only telling me what's halal and what's haram but
[49:50]the sociopolitical dimension of the world of the shia not just where
[49:56]he is he provides guidance for the shia as well meaning that
[50:00]in the same way rasulullah was a political leader providing guidance related
[50:06]to what is jurisprudential and what is political likewise that will ayah
[50:12]of rasulullah and of the imams is transferred to who transferred to
[50:18]the fuqaha now we know that there may be a couple of
[50:21]areas which for example says don't completely transfer to the imam for
[50:27]example not believing in jihad ibn tayyi where offensive jihad can be
[50:34]called a prophet or an imam can call offensive jihad but you
[50:38]will find that idol al khomeini may not necessarily believe that this
[50:42]is something where there is solid proof that it can be completely
[50:45]transferred or others like naraki and karaki have spoken as well so
[50:50]what you have here ayatollah al khomeini when looking at wila'at al
[50:54]fakih as with others who came before him or i've mentioned such
[50:57]as narakih and such as karakih believe in the complete extensive absolute
[51:05]authority of the jurist okay which means that those seven areas when
[51:11]they're passed there's absolute authority which is passed to the jurist the
[51:16]jurist is not just someone who gives fatwas the jurist sees that
[51:20]governance is something which is a must and that if it is
[51:25]a must it may even take precedence over acts of worship if
[51:31]the fatih believes that hajj should be not attended that year because
[51:39]of a sociopolitical dimension and an issue with the killing of the
[51:44]people who love ahlul bayt a year before then he says i
[51:47]have the remit to place an order for people not to go
[51:51]to hajj but his presidents comes with backing from times of the
[51:56]imams if i have to give a hukum about a man who
[52:00]slandered the prophet peace be upon him and his family in his
[52:03]book others may be quiet others may say that i prefer just
[52:07]to do for you istaqara i may do nikah for you i
[52:10]may do talaq for you he said look at imam al hussain's
[52:13]sermon at minna imam al hussain's sermons at karbala imam al hussain
[52:18]when he spoke out against those who were clergymen who remained silent
[52:24]when they saw volm he says therefore there is a political dimension
[52:30]a dimension where you implement the wilayah of the prophet peace be
[52:34]upon waslam the way he established the state in medina it is
[52:37]the remit of the faqi therefore to inherit that dimension that therefore
[52:42]is what the maraja agree is to the jurist how extensive ayatollah
[52:50]al khomeini and others speak of it being extremely extensive covering all
[52:55]areas who had a difference of opinion with this ayatollah al khomeini
[52:59]being amongst them ayatollah al khomeini said yes out of those seven
[53:03]for example we can say that a few of them are definitely
[53:06]the remit of the jurist but there's a couple which aren't okay
[53:10]so he believed in what i as a jurist give you adjudication
[53:17]i give you fatawa halal haram i look after the endowments or
[53:21]i look after orphans collection distribution of khums but for example there
[53:26]may be other areas such as establishing a government or a state
[53:30]not necessarily whereas surprisingly what's interesting believed in offensive jihad ayatollah al
[53:39]khumayni with all of the authority of the 12 being passed on
[53:44]to the jurist did not believe in offensive jihad the way ayatollah
[53:49]al khawi actually believed in jihad libtiday he believed in offensive jihad
[53:55]likewise ayatollah al khawi within his work speaks about also the implementation
[54:00]of the penal code therefore one may ask the question ayatollah al
[54:05]khawi is different with ayatollah al khomeini although there is clear works
[54:08]where ayatollah al khomeini says ayatollah al khomeini says don't have sufficient
[54:11]evidence for that scope of authority of the faqing not that the
[54:17]jurist doesn't have authority the scope that ayatollah al khomeini says there
[54:22]may not necessarily be that particular evidence however maybe ayatollah al khui
[54:27]being someone who lived under the ba'ath regime under saddam could not
[54:31]be so open about talking about governance or authority whereas you find
[54:37]had it been a different time a different period then maybe ayatollah
[54:41]al khawi would have been more open on some issues however what's
[54:45]clear as ayatollah munir al kabbahs may allah lengthen his life our
[54:48]teacher says that you have of the mutlakah and you have of
[54:52]al hisbah there is precedence in those before him such as as
[55:00]i mentioned the likes of whom such as karaki such as such
[55:04]as sheikh mufid such as sheyid afani also there is precedence in
[55:08]those before him this shouldn't result in a slanging match between us
[55:13]that our mosque follows and you follow nathareid al hezbo i'm with
[55:21]you i'm against you you're not with us you're against us my
[55:24]dear brothers and sisters don't fall into this trap believe you and
[55:27]me someone says for example that this is all shirazis versus wilaat
[55:32]al fakiyyah and this is all shirazis said muhammad al shirazi also
[55:36]was a believer in wilaat al fakiyyah now when i say this
[55:41]line there might be people who say how could you say that
[55:43]muhammad shi'razzi believes said muhammad shi'razzi believes in wilayah but the wilayah
[55:47]of the fuqaha guardianship of a council or assembly of jurists in
[55:53]contrast to ayatullah al khomeini discussing one jurist ayatollah al shi'razzi what
[55:59]would he say he says a council or assembly of fuqaha he
[56:03]has his 19 points why he believes there should be a council
[56:07]of jurists in contrast to what one jurist with the walaah he
[56:12]believed that there should be a council because if you put one
[56:14]at the helm it could result in a dictatorship he replied well
[56:19]even if you put 19 at the helm or you put 21
[56:22]at the helm what's there to say that there isn't going to
[56:23]be the only those people who rule the whole state but still
[56:27]at the end of the day when we talk of shi'raazi and
[56:30]today people say he's a shi'raazi firstly with myself i follow ayatollah
[56:33]sistani may allah lengthen his life secondly i have respect for all
[56:38]of our marajah they're all our bright flags and our lights thirdly
[56:42]if you are not privy to the thoughts of for example then
[56:54]don't open up on these issues there are certain subjects like economics
[56:59]and finance pharmacy and medicine i will not sit there and open
[57:02]up on because i know i'll be baffled with what i'm talking
[57:04]about likewise on these areas don't make slanderous accusations about people without
[57:10]knowing what their works are discussing in terms of authority so what
[57:15]happens ayatollah al khomeini's discussion of was ten years before the revolution
[57:22]13 lectures in najaf 1969 until 1970 discusses the guardianship of the
[57:29]jurist in the absence of the twelfth imam ten years later the
[57:33]iranian revolution when the iranian revolution happened at the '79 nobody straight
[57:38]away said that this is meant to be what that this is
[57:41]meant to be an islamic republic a referendum was held a couple
[57:45]of months or so after the revolution march '79 referendum you vote
[57:51]for what this is gonna be called 98% overwhelmingly voted for an
[57:56]islamic republic from there if the whole country 98% has voted for
[58:02]this then nobody could say that we forced islam down your throats
[58:06]someone turned around and said but you know that islamic republic has
[58:10]made mistakes number one sometimes you look at yourself in the mirror
[58:13]if allah punished you for every mistake you made wallahi you wouldn't
[58:16]be able to open your mouth but number two isaiah in the
[58:19]government of rasulullah there weren't people who made mistakes in that government
[58:24]in the government of imam ali alaihi salam imam ali didn't have
[58:27]people around him who made mistakes when you say that there are
[58:30]mistakes and errors that have been done by the islamic republic and
[58:34]the state is not perfect who said you ever gonna get a
[58:36]utopia the whole aim was to see that the implementation of islam
[58:42]can it happen or not can we implement islam in a state
[58:47]can we implement the guidelines of the religion i know from the
[58:51]outside someone might turn around and say that i don't really wanna
[58:54]live there it's not about living or not it's about asking yourself
[58:58]that this religion that you believe in if you had the chance
[59:00]to govern with it would it be something healthy would it be
[59:03]something practical would it be something that people are able to live
[59:07]under can we say that there weren't mistakes there were can we
[59:12]say that they claim to be infallible never no one and others
[59:17]never said that we are masson we are simply trying to manifest
[59:22]the government that is able to cater for the path all the
[59:26]way of the twelfth imam imam sahib al azawazaman but we don't
[59:30]want to reach a stage where people think that every single person
[59:34]over there has to for example accept that there haven't been mistakes
[59:39]there have been there are people who i know who are at
[59:41]the helm but at least someone decided in those years where many
[59:46]of the shia was sitting at home and not doing anything not
[59:49]saying anything decided let's try and do something to work on behalf
[59:52]of the twelfth of our time to try and work on behalf
[59:56]and ensuring that we cater did it work has it not worked
[60:00]realistically forty one years later many don't know the workings of this
[60:05]government i ask many of those who are anti what happens there
[60:10]what do you know about the constitution or the amendments in the
[60:13]constitution what do you know about or the what do you know
[60:19]about the expediency council many assume that there have been no developments
[60:25]and evolutions there have been even when became wali al fakih at
[60:30]the time he was not a marjak taqlid but you could tweak
[60:34]the discussion you can amend to allow someone who has that political
[60:39]acumen and is a mujtahid to come in today the same ayatullah
[60:43]al khamenei gives bahad kharaj lessons i guarantee you many don't know
[60:48]he gives kharaj al fiqh there are students who go to his
[60:51]class in kharaj al fiqh does that mean that iran represents every
[60:57]single theory in shia history regarding fiqh we mentioned ayatollah al khui
[61:01]was in iraq ayatollah al khomeini was in iran there are other
[61:05]shia who live in other places some places are not conducive for
[61:08]this other places may have we tried we looked what could be
[61:13]established what couldn't be but a person should not turn around neither
[61:17]look at something infallibly as if there's no errors nor just look
[61:22]to pinpoint errors to try and see how they can bring down
[61:27]from something ultimately we pray for all of our brothers there because
[61:31]the reality is that since '79 there may have been certain issues
[61:35]but there's been a lot of good as well and when we
[61:38]talk of a lot of good there are many areas that we
[61:40]can point to of good as well how many students have benefited
[61:44]from studying in the seminary in qom how many have been able
[61:48]to return back to their communities in africa how many have gone
[61:52]to qom and gone back to serve in africa how many have
[61:55]gone to qum and been able to serve in india and pakistan
[61:58]how many have gone to qum and been able to even go
[62:00]back and serve in south america where they have studied in qum
[62:03]and been able to further than that you cannot deny that even
[62:08]these movies about imam about muqtar al takafi about nabi yusuf these
[62:14]helped educate many of us as well these allowed many of us
[62:18]to understand our history that cannot be denied as well further than
[62:23]that we know very well that in reality how many times have
[62:29]they spoken out for the rights of other shia in the world
[62:33]if iran didn't speak out after iran was bullied one way and
[62:37]the other as soon as the revolution happened a war against them
[62:41]where every country backing saddam attacked them people forget this they forget
[62:45]the amount of people who were killed and yet iran managed to
[62:48]stay on its feet further than that we also have nobody looked
[62:54]after the ziyara of imam abu raba alaihi salam like it's been
[62:58]looked after i'm not gonna say before the revolution people did not
[63:01]do ziyara many did but you look at the way imam the
[63:06]way he's revered the way you do that ziyara the way you
[63:10]are able to see just how peaceful it is to walk around
[63:13]the haram of imam is there a more peaceful moment than walking
[63:18]around the haram of imam and seeing those fountains of water the
[63:23]drops of the rain and remembering imam in the past people could
[63:29]visit today you visit proud with your head up high with your
[63:34]family members going towards imam and we're fitting but to begin the
[63:40]first night of the masaib by remembering imam because no doubt when
[63:47]it came to the month of muharram and the masaib of imam
[63:50]al hussain alaihi salam you found that no doubt imam al radha
[63:55]alaihi salaam was at the forefront of the masaib of imam al
[63:59]hussain alaihi salaam therefore when you came towards imam al radha alaihi
[64:04]salaam he would always be there and he would always sit with
[64:09]his companions some of his companions were poets and these companions who
[64:14]were poets he would sit with them recite for me the masaib
[64:17]of sayyidah shuhada i know there are many of you who are
[64:20]watching at home on a night like this and i know that
[64:23]there are many of you who yearn a to be in karabella
[64:27]and there are many of you who b wish that you could
[64:30]be in majlis al hussein because no doubt we're not used to
[64:34]being away from majlis al hussein normally in these nights we're used
[64:40]to listening to an we're used to listening to a we're used
[64:45]to sitting with our fathers when they'd carry us to majlis al
[64:48]hussain they'd tell us go and wear black get ready we're used
[64:52]to being there with the family we're used to serving but imagine
[64:57]imagine now we sit here some of us home and we wonder
[65:01]when are we gonna return to on a sayyid ashohada if you
[65:05]think it was difficult for you imagine the imams of al muhammad
[65:09]some of them could not visit karbala because some of them were
[65:14]under house arrest others of them could only sit in medina one
[65:19]of them in khurasan alone with no family around him and when
[65:24]he'd sit there he'd sit with who he'd sit with the and
[65:30]he'd say to him recite for us that 120 stanza poem of
[65:41]remains one of the greatest poems in honor of imam al hussein
[65:45]and you know what wants to begin he wants to begin by
[65:48]giving condolences to the mother of hussein why because nobody was as
[65:55]broken as his mother knowing there'd be a day he'd be alone
[65:59]in karbala so when the imam would sit next to him the
[66:03]imam would say to him dabal recite for us let us hear
[66:08]your words would begin i'll recite in arabic first then i'll translate
[66:14]in english tonight is for all of you lovers of imam al
[66:17]hussain those of you who are sitting at home he'd say to
[66:21]him recite for us and would begin what is it that jabal
[66:55]said i'm gonna translate for you bibi if you're in this crowd
[66:59]i beg for your forgiveness i don't know if i may be
[67:02]near you you're my grandmother but i want to recite these lines
[67:14]you've seen the fallen hossein allahu akbar on the banks of the
[67:22]euphrates thirsty killed and he was slain you would have slapped your
[67:33]cheeks at the sight and the heated tears would have fallen under
[67:40]the smite allahu akbar imam rada would not stop there imam rada
[67:46]would sit with his other companions he would tell them the importance
[67:50]of remembering imam al hussain oh son of shabib oh son of
[68:06]shabib if you were to cry for anything then cry for abba
[68:13]abdullah for you were slaughtered the way they slaughter a sheep let
[68:19]me continue with this final line imam would remember wherever he'd head
[68:25]wherever he'd go he'd always say to the people recite masaib al
[68:29]hussain there's a secret in mujah al hussain you believe even until
[68:34]his final moments the poison and mesh had surrounded his body any
[68:39]of you have any hajjat with the tear coming down i want
[68:42]you to ask for your hajj with this masaib imam in his
[68:47]final moments the poison was on his body it had surrounded him
[68:50]everywhere he asked those around him take me off the mattress place
[68:55]my body on the ground they said to mola but your body
[68:59]is in pain the poison is all over you let's keep you
[69:04]here he said no no let me lay on the ground put
[69:06]my body on the ground they said but the ground is hard
[69:10]the ground is not comfortable said no please place me when they
[69:17]placed him on the ground the tears began to come down from
[69:22]the eyes of the imam why what did he say for a
[69:27]moment i wanted to feel what about abdullah felt when he lay
[69:34]on the ground i wanted to empathize with sayyid ashuhada knowing the
[69:42]way he lay on the ground on the tents of muharram oh
[69:47]imam you lay with your body on the ground hussein lay with
[69:52]many arrows on his body raise your hands my dear brothers and
[70:01]sisters wherever you may be you allah bless our you allah lengthen
[70:07]the life of the servants of ahlul bayl we pray to allah
[70:12]subhanahu wa ta'ala for the originators of this majlis we pray for
[70:16]those who have asked for our dua may allah bless them we
[70:20]have a sister who has asked for our dua let's all recite
[70:24]the lines from the you allah unite all of our shia and
[71:11]remove the differences that exist between us you allah don't allow the
[71:16]differences in the that we follow to envelope or take over our
[71:21]love that unites us of imam al hussein you allah for the
[71:27]originators of this majlis those who are hosting the al qa'im mosque
[71:31]project i ask you my dear brothers and sisters donate towards this
[71:35]mosque where we are holding these majalis as generously as you can
[71:40]in the name tonight of imam we pray to allah with but
[71:48]before it wherever you may be in any household and every household
[71:53]around the world the loudest of your salawat
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