One evening, after participating
in an Arab nationalist demonstration in Najaf against the communists
during the first few months of the Qasim regime, I came to see
as-Sadr at his sirdab (a basement where Najafis go to escape
the desert heat). I found him indulging as usual in his juristic
study. He was studying Akhund's (Al-Khurasani's) book of usul,
al-Kifaya I slapped him on the back and said, for God's sake,
get out of this sirdab and see what is going on in real life.
People are fighting in the streets and you are still reading
Kifayah and busying yourself with "Akhund said, and I say..."
From an interview
with Talib al-Rifa'i
With the deaths of Ayatollahs Khu’i and Gulpaygani, there
has been intense competition among relatively junior ulama for
the position of the marja’ taqlid in the Shi’i world.
Ali Sistani of Iraq, Ali Khamenei of Iran, Muhammad Fadlallah
of Lebanon - all of whom are in their fifties and sixties - are
just some of the contenders for this illustrious position. It
is a phenomenon in Shi’ism that the leading mujtahids in
the same age group become maraja’ when the previous generation
of senior maraja’ have all passed away - at least those
who aspire to this position. It is sometimes said that what ultimately
distinguishes one of them above all others (making him the grand
marja’) is not his merits or qualifications, but, rather,
the death of his peers. For example, it could be argued that
Khu’i did not really become the grand marja’ of the
Shi’a until the death of Khomeini, though Khu’i’s
muqallids always far outnumbered Khomeini’s. Gulpaygai only
became known as the marja’ al azim of the Shi’i world
when all of his peers, including Khomeini and Khu’i, had
died. Furthermore, no one could really be a contender for the
marja’iyya until Gulpaygani’s death, which then opened
a window of opportunity for this "younger" generation
of senior ulama. Competition tends to be more intense after one
marja’ has dominated the arena for so many years, as did
Khu’i. He, along with other senior ulama, produced numerous
students, many of whom would be qualified to become maraja’
and "whose time" could be said to have come. While
the issue of the marja’iyya has gained international attention
since the Iranian revolution and particularly since the deaths
of Khomeini and Khu’i, the situation we are witnessing is
not at all new. The death of the Grand Ayatollah Muhsin al-Hakim
also preciptated profound competition. Though in Najaf Khu’i
rapidly became distinguished as the senior mujtahid, there were
others waiting for their opportunity to lead the community. One
such person was Muhammad Baqir as-Sadr, a student of Khu’i’s.
While Baqir as-Sadr aspired to the marja'iyya , laying the ground
work for his ascension to this role, he also set his sights on
reforming this institution, which he saw as having enormous potential
for bettering his community. In this paper, I will discuss the
reforms that Baqir as-Sadr put forward. His execution by the
Iraqi government in 1980 cut short his efforts for reform, yet
many of his ideas have survived him, his books being read by
Shi’a and Sunni Muslims world wide, as well as by Western
scholars of Islam.
Background
Born in Kazimayn in northern Baghdad circa 1936 (there is
some dispute over the exact date) to a prominent clerical family,
Baqir as-Sadr lived as most students in the hawzas of Najaf:
aloof from politics. His friend, Seyyed Talib Rifa’i, who
was a student in the hawza with as-Sadr, told me during one of
my interviews with him that he encouraged Baqir as-Sadr to participate
in political activities and to assist in the formation of the
Da’wa Party. Rifa’i himself was associated with the
Tahrir party, a Sunni-based organization, influenced by the Ikhwan,
and founded by Taqi al-Din al-Nabhani, a jurist of Jerusalem
in the 1940s. In the absense of a Shi’i political organiztion,
it was not uncommon for politically active jurists or Islamists
to join Sunni organizations despite the theological differences
between the two sects. However, theological differences ultimately
drove a wedge between the Sunni and Shi’i members, with
the Shi’i members seeing a need to build their own organization,
especially in the face of the challenge of communism which grew
after the 1958 Iraqi revolution. Thousands of Shi’a were
being influenced by this ideology and the jurists saw it as a
tremendous threat to the survival of religiosity and to the religious
establishment. Hence, Da’wa’s main thrust in those
days was to counter communist ideas. Sadr played a pivotal role.
He was elected to be the faqhi al-hizb (jurist of the party),
the highest religious position in the party’s hierarchy.
He was also instrumental in writing its main political doctrine
and platforms. In the party, he was exposed to the political
writings of the main leftest and Sunni parties that were active
in Iraq, ideas that helped shape his own religious and political
views. Sadr’s involvement in Da’wa was highly controversial
in Najaf and eventually he, as well as the sons of Muhsin Hakim,
were forced to abandon the party. After leaving Da’wa, Sadr
focused on preparing himself for the marja’iyya. This was
done with the encouragement of his Da’wa associates who
saw Baqir as-Sadr’s rise to the marja’iyya as being
their best hope for kindling a revolutionary change in religious
academic circles. In order to achieve his goals, Sadr began teaching
graduate courses in the fields of fiqh and usul (bahth al-kharij)
and compiling his lectures for publication. Yet, he had to be
careful not to appear to be competing with his mentor, Khu’i,
to whom he continued to defer for the remaining years of his
life.
Baqir as-Sadr’s Innovations
Baqir as-Sadr saw the traditional methods of teaching in the
hawza as being archaic and lamented the lack of accountability
in the system. In the traditional hawza students are free to
join any class of their choice. There are no homework requirements,
no examinations to test the students' progress, nor set limits
on the duration of completion of the course. In the bahth al-kharij
(the most advanced level of study), students may keep attending
the classes indefinitely. In the lower levels of muqadimat and
situh , students may keep changing their teachers as they please.
Therefore, there is no way for the hawza to monitor the academic
level of students. The problem is accentuated by the fact that
once students are in the hawza , they can wear the turban and
be considered as part of the ulama class. Furthermore, they can
leave the hawza without an ijaza (certificate) and proceed to
preach in local communities. In such cases they can function
independently, with no accountability to the marja'iyya . They
are also in a position to manipulative because of competition
among the various maraja'. Sadr wanted students to be required
to pass at an acceptable level certain required courses before
they are able to leave the hawza. Moreover, he wanted the marja'iyya
to have full control of all religious centers so that no cleric
could head a congregation without an ijaza from a marja'. This
would help ensure that clergy would be competent jurists and
religious guides. One of his first tasks was to introduce ideas
taken from modern-style secular universities. He participated
in a pilot project to establish the ‘sul al-Din college
in Baghdad in 1964 and in setting up its academic curriculum.
However, his efforts to implement reforms in the hawza itself
faced stiff resistence not only from students but from the religious
establishment as well. Thus, he had to resort to teaching in
the classical style of the hawza : commenting and citing arguments
and counter arguments of previous jurists on a particular legal
matter. However, he expressed reservations about doing so and,
as a result of his distaste for what he considered an archaic
style. . He completed only the first part of the lessons in fiqh
, namely, "Taharat," (purity), doing so in a period
of four years. These lessons resulted in a four-volume treatise
written by his students and edited by him. It was later published
as Buhuuth fi sharh al T’rwah al Withqa. The publication
of some of his writings, Falsafatuna (Our Philosophy) and Ihtasatuna
(Our Economics), as well as his work on fiqh , drew admiration
from educated, reform-minded Shi’a who began to advocate
for his marja’iyya. They wanted as-Sadr to write his own
risaleh so that they could refer to his religious opinions. Rather
than write a risaleh , he chose to record his opinions as footnotes
to Muhsin al-Hakim’s risaleh, Minhaj al-Salihyn. While writing
a risalah as a footnote to a previous one is common practice,
yet, in other respects, as-Sadr's risaleh is highly atypical.
In order to popularize his fatwas among the masses, he wrote
his religious opinions in a style that could be easily understood
by lay people, eliminating the jargon of jurisprudence that makes
it difficult for the general public to understand. He wrote his
opinions in modern Arabic language, addressing himself, not principally
to other jurists as is usually done, but to Islamic activists,
professionals, college students, and other educated people in
society to whom he was particularly eager to reach. His Al-Fatawa
al-Wadihah is unique in its style among such works and gained
popularity among Sunni and Shi’a alike because of its straighforward
language and detailed expositions of fatwas. Perhaps most importantly,
it dwelt on contemporary problems. Additionally, Sadr presented
a new taxonomy for legal codes that was a clear departure from
the classical treaties of fatwas. The legal Shi’i texts
always consist of two major categories; ibadat (worship) and
mu’amalat (Transactions). Sadr thought that such a bipolar
scheme was too broad and awkward since scholars had to ignore
some aspets of Islamic law, or to place others in inappropriate
legal categories. Sadr proposed in the introduction of Fatawa
that the new taxonomy of the Islamic legal system should be divided
into four main categories: 1. Ibadat , which includes the individual
acts of worship that require niyah (intention) on the part of
the worshipper 2. Amwal (financial capital) which includes all
public and private economic transactions 3. al-’ilaqat al-Khasa
(Private affairs) which includes matters pertaining to family
relations; and 4. al-’ilaqat al-’ama’ (Public
affairs) which includes social relations and state authority.
This taxonomy has implications for social affairs. For example,
traditionally, matrimonial issues are listed under the subheading
"financial contract." This subheading emhasizes the
legalistic and structural nature of marriage and male/female
relationships. It reflects the notion that the woman is purely
a sexual partner and the man a financial master. In other words,
the man gives a dowry to a woman for the sexual services she
provides. The relationship could thereby be interepreted as "money
for sex." By separating family issues under a different
heading; i.e., "Personal Conduct and Relationships,"
Sadr set out to reinterpret the religious legal concepts and
to give a new understanding to them. With the publicaton of his
religious opinions, Sadr’s relationship with those close
to Ayatollah Khu’i began to sour. In order to prove that
he was not challenging the authority of his teacher, Sadr asked
one of his companions to write a letter in the form of a question
seeking Sadr’s opinion about the marja’iyya. Sadr then
replied to that letter at the same meeting, directing people
to follow the guidance of Ayatollah Khu’i. Sadr asked that
his marja’iyya not be publicly promoted, therefore, his
muqallids generally consisted of those who had already been won
over to his approach to Islamic law. His followers were drawn
from the intellectual and upper middle class groups. They were
mostly Iraqis and many were fundamentalist activists and Da’wa
Party members.
Sadr’s Conceptualization of the Marja’iyya
Of major concern to Baqir as-Sadr was the revamping of the
marja’iyya so that it could both fit into the modern world
and effectively serve as a guide to mankind in the present and
future. He saw it has having enormous potential if certain reforms
were put in place. He also saw it as an institution that has
changed and evolved over the centuries, so that, therefore, there
was justification for making efforts to implement further changes.
In one of Baqir as-Sadr’s lectures Sadr divided the history
of the marja’iyya into four stages. First was the period
which he referred to as the "Individual Marja’iyya"
beginning with the companions of the Imams until the time of
TAlamah al-Hilli (d. 1325). During this period, the marja’
served only as the source of religious laws for the Shi’
Certain things hold constant throughout the periods. For example,
the maraja’ have traditionally conducted their policies
and made their decisions on the basis of their own individual
styles, depending on an inner circle of close associates and
family members who gather information, make political statements
and commonly make important decisions. Thus, there was no fundamental
pattern either for the process of making decisions or for the
content of those decisions. The resulting inconsistencies have
resulted, according to Sadr, in social confusion which has weakened
the relationship between the marja’iyya and the people.
Furthermore, there is little or no carry over of trained ulama
who could remain "in office" from one marja’iyya
to another. Each marja’ has his own entourage; i.e., his
own hand-picked representatives and advisors, some of whom are
close relatives. In other words, each marja’ starts from
"square one" to conduct the course of his business.
Therefore, each marja’ differs from all others in his leadership
capacity, crisis-management ability, and experience in political
affairs. In order to enhance the power of the marja’iyya
in society and to heighten its effectiveness, as-Sadr wanted
to transform what he called the "individualistic marja’iyya
" into an "institutional marja’iyyah." The
mararja’ , according to Sadr, must preside over a well-defined
organized institution. It is only through transforming the marja’iyya
into a complex institution that it can influence events and guide
people effectively. The role of the marja’ , in Sadr’s
thesis, "al-Marja’iyya al-Mawd’iyya" , derives
from his general view that mankind as God's vicars on earth would
always have a constant need for some sort of divine intervention
to protect him from corruption and to guide him towards the goals
of vicarage. Without this intervention, man can always be influenced
by his instincts and passions which weaken his potential for
progress. . Accordingly, God established the role of shahid (witness),
the shahid being the one who would take the responsibility for
conveying divine guidance to mankind so as to safeguard the believers
from corruption. According to Sadr, the Quran designated the
Imams, and then the scholars of religious laws, specifically
the maraja’, to succeed the prophets in the role of shahid.
Since the Imams and religious jurists understand divine laws
and revelations, they will take responsibility for safeguarding
the message of God to mankind, and take an active role in guiding
man in his historical mission under God. "The shahid , from
an ideological perspective, is the authority on belief and legislation
who oversees the social journey and its ideological suitability
with the divine messsage. He is also responsible for intervening
when he sees any deviation from the right path." The only
difference among the three types of people who take the role
of shahid is that the prophet is the messenger who receives,
delivers, and applies the divine message, the imam is the one
who is the divinely chosen guide that interpets the message,
and the marja’ is the one, according to Sadr, ...who possesses,
through his human efforts and long period of hard-work, the comprehension.of
Islam from its original sources, as well as a deep piety that
disciplines him to control himself and his conduct. He must also
possess a suitable Islamic consciousness of his environment with
all it overwhelming conditions and interactions. The marja’
thus becomes the successor of the prophets and imams for the
ummah in terms of his being a source of guidance and a center
of leadership. The man who possesses the ordained qualifications
(knowledge of divine laws, Tilm ; and self control of conduct
(Tadalah ) shall take the responsibility of shahid. However,
the marja’iyya is not assigned to any particular person
as is the case with the prophets or Imams. It is the qualificaion
for the role that becomes the important criterion to be satisfied
by suitable individuals. A wrong interpetaton of the role of
shahid occurs when it is thought of as belonging to the person
of the marja’ rather than to the role of the marja’iyya
itself. The marja’ is the legitimate successor of the imams
by virtue of his ilm and adalah , although there are also certain
responsibilities for achieving specific goals connected with
the role of shahid . The marja’iyya in Shi'ism has entailed
the selection of an individual marja’ but has made the role
of shahid the consequence of his ability, or the function of
the political conditions. However, inconsistencies in the maraja’s
activities, coupled with failure to define goals, have resulted
in a weakening of the role of shahid. Unless the marja’iyya
entails certain well-defined objectives, the ummah will find
it difficult to ascertain its social mission. Sadr believed that
the current system of the marja’iyya has chronic shortcomings,
primarily that the marja’ did not rely on any institutional
structure to exercise his authority. Decisions concerning the
welfare of the whole community were made largely in consultation
with relatives and close associates. In keeping with his views
on shahid as outlined above, he conceived the idea of marja’iyya
al-madu’iyya (objective authority) that would replace, in
the long run, the existing marja’iyya al-dhatiyah (individualistic
authority). In other words, Sadr believed that the focus would
be on the "office" of the marja’iyyah , rather
than on the marja’. The structure put in place, he maintained,
would not only prevent the jurist from making arbitrary decisions
but would also serve to train new jurists for the responsibilities
of "shahid ." The power of the jurists would also be
checked by free competition for this position. Sadr prescribed
establishing an institution in which the marja’ himself
forms the center, and where its structure, role, and process
are thoroughly defined. This would allow for continuity and carry
over of ideas and practices from one marja’ to the next.
He wanted an institution in which tasks and activites were specified
and where there was accountability on the part of each person
involved in the marja’iyya . He envisioned two types of
organizational arrangements: the "office of the marja’iyya
," which would be the central administrative office, and
the "representatives," who would act as the sociopolitical
branches of the marja’iyya . While in some sense, this arrangement
already exists, it is in the specific roles which Sadr envisioned
that we come to see the significant differences between his ideal
system and the one that currently exists. The central administrative
office, in Sadr’s thesis, would initially consist of at
least six departments that perform the planning and executive
activites of the marja’iyyah and in which the marja’iyya
is administered by experts. The marja’iyya , later on, could
further develop these offices as tasks and responsibilites expand,
to include the whole spectrum of affairs of the ummah. These
offices will "replace the court (of the marja’ ) which
represents an arbitrary individualistic structure made up of
individuals grouped by chance who fulfill some immediate needs
but exhibit a superficial mentality without any defined and clear
objective." He wanted the marja’ to be at the top of
a pyramidal structure. The marja’ traditionally has been
represented by ulama in various parts of the world who serve
the religious needs of Muslims and act as liaison officers for
the marja’ , carrying on such tasks as transmitting his
fatwas or collecting religious taxes. As-Sadr does not see this
informal relationship between the marja’ and his parochial
representatives as being effective in facilitating a centralized
system. And centralization, he argues, becomes indispensable
in situations in which the marja’ seeks to commit himself
to achieving political goals or implementing radical change in
the society. Sadr’s prescription is to make the local respresentatives
more active participants in the process of the marja’iyya.
He proposed that the marja’ form a council that proposes
policies and suggests courses of action for the marja’.
The council would consist of, in addition to the individuals
of the six committees of the central administration, the marja’s
representatives and high-ranking ulama. The whole religious establishment
in this way becomes a full participant in the decision making
process of the marja’, an arrangement which eventually would
motivate commitment and ensure dedication to the marja’iyya.
Such a broad consultative process would protect the marja’iyya
, in as-Sadr’s view, from adopting policies that might be
influenced by personal feelings. The (institutional) administration
would then replace the hashiyyah (the marja's personal entourage),
which is but an arbitrary irrational apparatus composed of individuals
gathered by coincidence...to meet immediate needs with a fragmented
mentality of no clear and specified objectives. Even the titles
of the new organizational structures would be modernized. For
example, he proposed using titles such as, "The Board of
Trustees for the Religious Academies," "Propogation
Affairs Committee," "The Foreign Affairs Committee,"
and the "Political Task and Outreach Committee." While
Sadr concedes that the individualistic, traditional practices
have some positive aspects, such as quick action, higher levels
of secrecy, and limitations on the influence of unqualified people,
the proposed arrangement, he argues, would have greater and more
important results (Sadr, p. 96) The formation of the central
administration and "council of the marja’iyya, would
ensure the continuity of the role of the marja’ beyond his
lifetime. The structural organization would provide expertise
and long-term planning for achieving goals set by the previous
marja’. In addition,the institution of the marja’iyya
would serve as a training field and selection agency for the
new marja’. One of as-Sadr’s complaints had been with
the traditional manner in which the marja’ ascends to his
rank. He complained that there were no specific qualifications
for the position except that of Tilm and adalah. Although these
qualificatons might be considered necessary for achieving the
first goal of shahid (i.e., safeguarding the divine message from
corrution), qualifications for the second role (i.e, guiding
the ummah in its historical mission) are lacking. Such a political/social
role requires skills that go beyond mere religious knowledge
and righteous behavior. It requires an understanding of the social
conditions and the way in which these conditions need to be changed
to safeguard religion and guide the believers. Yet, Sadr did
not suggest dispensing with the old system altogether. In fact,
in some respects, his prescription is not at all a radical departure
from the traditional system. Sadr still believed that it was
necessary to go through the traditional stages in which a marja’
builds up his credentials and gains trust and influence within
the hawza and the ummah. The marja’ who wishes to implement
reforms must "start forming an institutional structure gradually,
such as establishing a limited number of consultative committess
and specialized (offices) to perform some of the tasks of the
marja’iyya. He must not act rashly and quickly in implementing
changes so as to avoid resistance and resentment from the traditional
sector of the hawza and the ummah who would not be aware of his
objectives. Sadr believed that the formation process of the institution
should progress gradually; its evolution should take place naturally.
The marja’ , in bringing about changes, should concentrate
on educating the ummah to the point of realizing the goals and
benefits of the "objective marja’iyya. This way, the
marja’iyya will develop as anatural part of the culture
of the umma and reach its maturity. It is only then that the
"objective marja’iyya" will enter its final stage
of being the sole marja’iyya and dominate religious authority
that will guide the ummah towards restoring the leading role
of Islam in society.
Conclusions
The focus on the Iranian marja'iyya and the competition that
has arisen among the mujtahids since the death of Khomeini have
overshadowed the life and contributions of Baqir as-Sadr. Yet,
I believe that his legacy will continue through the debates taking
place in religious, academic, and political arenas. Baqir as-Sadr
was a member of the Shi'i religious establishment and a pioneer
of reform. This made him both a focus of love and envy. He was
not an outsider like Ali Shariati of Iran, nor was he a scholar
of dubious merit. He was a true product of the hawza and also
one of its greatest achievements. Yet, there is much ambivalence
about him. He was an inspiration to the youth and a bonafide
martyr on the one hand. But he was also a critic of the establishment
and considered detrimental to the traditional way of doing things.
Modernization brought changes to the hawza with regard to the
sort of students who were enrolling. Prior to mass, governmental
education, the educational background of the hawza students were
mostly from elementary schools or basicaly illiterate. During
Baqir as-Sadr's time this changed so that students were likely
to be graduates of government high-schools and colleges. To such
students the traditional text books, such as Ansari's al-Makasib
on fiqh and Kurasani's al-Kifayya seemed archane. For these students
Baqir as-Sadr became the author of choice. On the other hand,
as-Sadr's Durus fi elim al-usul were written for university students
and continue to be used in the Arabic hawza in Qom. Sadr's intellectual
contributions have become the foundation for political Islam
in the post-Iranian revolution period. In the wake of the revolution,
people wanted less rigorous literature, turning to dogmatic journalistic
writings and fire-breathing political speeches. But after the
dust settled somewhat, the Islamic intelligencia and activists
were confronted with social and political problems that required
complex answers. Today Sadr's writings are in demand to much
the same extent as those of the Iranian intellectual, Ali Shariati.
Sadr's ideas and contributions are used as the building blocks
for the call for change in the religious establishment. I believe
that Sadr's call for reforms, religiously and politically, will
come to dominate the debates within the Islamic movements in
the decades to come. |