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_ the 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 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).