Seitenhistorie

In order to ensure the rule of _Sharia_ the constitution of 1979 establishes the principle of _velāyat-e faqhih_ (cf. article 5 IC), i.e. the guardianship of the supreme scholar of Islamic law (_faqhih_) _(on this principle see Khomeini: 1981 27 et seq.; Tellenbach: 1985 159 et seq; Momen: 1995, 196; Hāshemi: 2003, 23 et seq.; Moschtaghi: 2010, 185 et seq.)._ \[_The term faqhih_ (pl. _foqhohā_) means 'expert' in Arabic. At least in the Shiite _ğafari_ school of law it is used as a synonym for the term _moğtahed_ referring to a religious scholar who is accepted as an expert on the interpretation of Islamic law. Prerequisite for obtaining the rank of _moğtahed_ are extensive studies of Islamic law at the end of which a person is awarded by its teacher the license (_eğāze_) to issue independent interpretations based on the application of his rational powers. The teacher has to be a _moğtahed_ himself. For details on the process how to become a _moğtahed_ in detail see Devin J. Stewart, Islamic Legal Orthodoxy, 1998, 223 et seq.; On peculiarities of the terms _moğtahed_, _faqhih_ and _eğtehād_ refer to Momen: 1985, 186 et seq.; Hāshemi: 2003, 113. _(cf. Khomeini: 1981 27 et seq.; Tellenbach: 1985 159 et seq; Momen: 1995, 196; Hāshemi: 2003, 23 et seq.; Moschtaghi: 2010, 185 et seq.). According to_ thisthe principle of _velāyat-e only a \_faqhih_ is equipped both with a comprehensive knowledge of the _Sharia_ and moral and ethical superiority, which are necessary to ensure a just execution of state power in accordance with the _Sharia_. Hence, the most qualified _faqhih_ is the only person deemed suitable for leadership. While systems based on the rule of law rely on a system of mutual checks and balances, the rule of _Sharia_ in the form it has found in Iran primarily relies on the 'religious-legal' qualifications of certain officials charged with the supervision of state power. Consequently, the competences of the supreme _faqhih_ or simply the 'Leader' as he \[In the following male forms are used intentionally since women remain excluded from most of the higher public offices.\] is referred to in the Iranian constitution are hardly restricted and he has the final word on any matter he deems important enough to deal with (cf. article 110 IC).