Grand Ayatollah Javadi-e Amoli’s The Governance of the Faqih

So I decided to put up a blog of my own (as you can see), and as I am almost done with the main text of the project I have been working on for the last four months or so, I thought I’d share the table of contents with you. If anyone is so intrigued by the table of content as to want to proof it or certain chapters of it (or just read it and provide feedback), please let me know.

Here’s the overview I just wrote for the prospective publishers:

The Governance of the Faqih is an exegetical rendering from the original Persian of Grand Ayatollah Javadi-e Amoli’s Velayat-e Faqih. There are two major works on the principle of the Governance of the Faqih, which is the theological and theoretical basis for the Constitution of the Islamic Republic of Iran: Ayatollah Montazeri’s Hokumat-e Eslami (in 8 Volumes; untranslated) and the present work. Grand Ayatollah Javadi is considered by many to be the late Allameh Tabatabai’s greatest student and the greatest living philosopher and theologian in Shi’a Islam. His book is the most authoritative on the subject, and explains in language accessible to the intelligent general reader the theoretical basis for the current belief of the majority of the Shi’a world in the system of the Governance of the Faqih, as well as providing a lucid explanation of its theoretical framework and justification. Grand Ayatollah Javadi-e Amoli is a higly prolific author, with over 200 titles to his name, including an 80-volume Koranic commentary and a 40-volume commentary on the works of Molla Sadra.

The book will be of interest to students of the social sciences including political science, Islam, theology and law, as well as to specialists in those fields. It is written in clear and accessible language, and fully annotated by the translator, so that it is accessible to the educated general reader. It is hoped that with the distribution it deserves, the book will serve to dispel much of the ignorance and misunderstanding surrounding the Iranian system of governance as well as the seismic shift that has occurred in Shi’a theology as a result of the triumph of the Islamic Revolution of 1979.

Its estimated final word count is 135,000 without the introduction. I am over 80% done with the text, and expect to start work on the introduction sometime in November.

Note: the parenthetical interpolations, extrapolations and elaborations of the translator are shown in the sample text for information purposes only. It is not the intention of the translator that they appear in the final published version of the text.

Detailed Table of Contents

Chapter One: Man, Freedom, Slavery, and Law
1. Man and Freedom
2. Man’s Freedom and his Transgressive Nature
3. Who is Best Suited to Determine the Limits to Freedom?
4. Conceptions of Freedom based on Theistic and Materialistic Worldviews
5. Freedom of Belief
6. Freedom of Belief and Preemptive Jihad
7. The Koran and Freedom of Thought
8. Freedom in the Most Ancient Temple
9. Freedom and the Spiritual Vitality of Man
10. The Enslavement of Man’s Spirit to his Instincts
11. Satan’s Slavery and Slave-Mastery
12. The Modern Slavery of the 21st Century
13. Servitude, Worship, Freedom
14. The Necessity of Law and Order for Society
15. Divine Law or Human Law?
16. Prophethood and Divine Law
17. Mohaqqeq-e Tusi’s Position on Avicenna’s Proof
18. A ‘Necessity Originating from God’ rather than a ‘Necessity upon God’
19. Man’s Welfare and the Inadequacy of Reason
20. The Perfection of Religion and the Finality of Islam
21. Different Perspectives on the Social Dimensions of Islam

Chapter Two: Islamic Government and its Goals
1. Law and Governance
2. Islamic Government
3. A Unilateral Ceasefire!
4. The Future of the World from the Standpoint of Islam
5. The Role of the People in Islamic Governance
6. People in Atheist Societies
7. God-Centered Man and Society
8. The Bipartite Functions of Majoritarian Rule in Islamic Governance
9. Aspects of the Western Secular-Democratic Order
10. Necessary Attributes of the Islamic Ruler
11. The Islamic Ruler and the Necessity of Inerrancy
12. The Orientation and Objectives of Islamic Governance
13. The Highest Objective of Government: Generating Luminous Beings
14. The Medium-Term Objective of Islamic Government
15. The Vice-regency and Governance of the Prophet David
16. Characteristics of the Virtuous City
16.1. Cultural Development
16.2. Economic Development
16.3. Correct Industrial Processes
17. The Development of Domestic and International Law
18. Objectives of Islamic Government (as Reflected) in the Prayer of Abraham

Chapter Three: The (Case for the) Necessity of the Governance of the Faqih
1. Introduction
2. What is Wilayah?
3. Cosmic Authority, Legislative Authority, and Executive Authority
3.1. Cosmic Authority
3.2. Legislative Authority
3.3. Executive Authority
4. Guardianship Authority over Legally Incompetent Persons and over the Society of Legally Competent Persons
5. Sovereignty over Man’s Essence & Sovereignty over his Worldly Affairs
6. Who (Qualifies as) the (Fully-Qualified) Faqih?
7. The Specific (Requirements) of the Fully-Qualified Faqih
7.1. Absolute Ijtihad
7.2. Absolute Justness
7.3. Administrative Prowess and Aptitude for Leadership
8. The Wilaya of the Faqih, the Science of Kalam, and the Science of Fiqh
9. The Kalamic Nature of the Sovereignty [Wilaya] of the Faqih
10. The Fiqhic Nature of Leadership in Sunnite (Thought)
11. The Kalamic Nature of the Imamate in (the Theology of) the Shi’a Rite
12. The Principle of the Exclusivity of Sovereignty [Wilayah] (to God and His Designees)
13. The Tripartite Reasons for the Governance of the Faqih
13.1. Proofs of the Governance of the Faqih based on Pure Reason
13.2. (Excursus 1:) The Fear of the Enemies (of Islam) of the Governance of the Faqih
13.3. (Excursus 2:) The Conspiracy to Dissolve the Assembly of Experts
13.4. The Compound Proof (of the Governance of the Faqih) based on Reason and Revelation
13.5. (Excursus 3:) The socio-political laws of Islam – Defense and Jihad
13.6. Proofs of the Governance of the Faqih based solely on Revelation
14. Ten Conceptual Veins in the Revealed Proofs

Chapter Four: Waliyic or Assignment Authority?
1. Introduction
2. The Difference between Sovereign Authority and Assignment Authority
3. Waliyic Governance and Governance by Assignment Authority (Representative Government)
4. Reasons Why the Governance of the Faqih is Waliyic in Nature
4.1. The Continuation of the Imamate
4.2. The Integrality of Religion
4.3. Laws Applicable Exclusively to Imamat and Velayat
4.4. A Summary of the Revealed Proofs of the Waliyic Nature of Governance
5. The Inherence of Wilayah with the Functions of the Discovery of Law and the Administration of Juridical Authority

Chapter Five: Duties and Prerogatives of the Just Ruler
1. Differences between Sovereign Authority [welaya] and Assignment Authority [vekalat]
2. Waliyic {or Sovereign} Governance and Governance by Assignment Authority {or Representative Governance}
3. Reasons Why the Authority of the Just Ruler is Waliyic in Nature
a. The Continuation of the Imamate
b. The Integrality of Religion
c. Laws (Applicable) Exclusively to (the Station of) Imamat and Velayat
d. A Summary of the Scriptural Proofs (Establishing the Waliyic Nature of the Authority of the Just Ruler)
4. The Imamate is a Divine Covenant
5. Leadership (as Defined) in the Constitution (of the Islamic Republic)
6. The Assembly of Experts and the “Appointment” and Deposition of the Just Ruler

Chapter 5: Duties and Powers of the Just Ruler
1. The Continuity of Law and Government
2. The Intellect and Revelation: The Two Wellsprings of Religion
3. Newly-Arising Situations and the Continuance of Ejtehad
4. The Continuity of Governance [Wilayah] and the Finality of Islam
5. The Duties and Functions of the Just Ruler
a. The Safe-Keeping (of the Religion)
b. The Discovery of Law [efta’]
c. The Administration of Justice [qadha’]
d. Governance [velaa’]
6. Mutual Exclusivity [tazahom] of Law in its Implementation Phase
7. The Absolute Powers and Duties of the Just Ruler
8. Three Points Concerning the “Absolute” Authority (of the Just Ruler)
9. Islamic Laws, Islamic Regulations
10. Governance is a Duty, Not a Privilege
11. The Sovereign is the Law of God, Not the Person of the Faqih

Chapter 6: Imam Khomeini and the Governance of the Faqih
1. The Evolution of the Science of Fiqh
2. The Evolution and Perfection of ‘the Governance of the Faqih’
3. Imam Khomeini and the Peak of the Perfection of ‘the Governance of the Faqih’
4. Imam Khomeini viewed Fiqh from a Kalamic Vantage
5. Imam Khomeini and ‘Javaheri’ Fiqh
6. The Governance of the Faqih and the ‘Imam-Ommat’ Bond
7. (The Positing of) the Acquisition of (some of the Requisite) Conditions for (the realization of the Principle of) the Governance of the Faqih (as a Religious Obligation)
8. Leading by Example, not Agitating from Behind

Chapter 7: Questions & Answers: Criticisms and Responses

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