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The Legitimacyof the Early Qajar Rule
as Viewed by the Shi'i Religious Leaders
Abdul-HadiHairi
QUMMI:CONSULTATIONAND COMPROMISE
Qummibelongedto a familyoriginatingin Shaft,a smalltownin Gilan,Iran.
His fathermovedto Japilaq,72 kilometersfromBurujird,Iran,and Qummi
himself, accordingto a chronogram,was born in the latter city in 1737/
1150.9He studied mainly in the Shrinecities of Iraq under a numberof
professorsincludingAqa MuhammadBaqirBihbihani.Lateron he spentforty
yearsof his life in Qum, and for this reasonhe was calledMirza-yiQummi.'0
He died in the same city in 1816/1231.
Qummihasbeenconsideredone of thegreatmujtahidsandmarja'-itaqlids
of the Shi'i world. He wrotea numberof books and treatisesonfiqh, usul,
ethics and philosophy, some of which still exist in manuscriptform. His
correspondence withthe QajarShahsindicateshis amicablerelationshipwith
them,especiallywithFathAli Shahwho hadparticularrespectfor him,proven
by the extentthat he was preparedto acceptQummi'sdemandsand recom-
mendations."IIn turn, Qummisupportedthe Shah and legitimizedhis rule.
Qummiwrote his 'Irshad-Namah'when he was about fifty yearsof age,
and sincehe wasbornin 1737/1150,the dateof writingthe treatisemusthave
been circa 1787/1202. The Shah he addressedin the treatisewas therefore
probablythe founderof the Qajardynasty,Aqa MuhammadKhan."2In this
LEGITIMACYOF THE EARLYQAJARRULE 273
Although Qummi has recognized here the legitimate authority of the secular
king to the safeguard of the worldly affairs of the people, and, as mentioned
before, had a good relationship with Fath Ali Shah, some of his writings show
that he was not always prepared to make legitimizing statements in favor of
the Shah. In a treatise written for the common people'6 Qummi refutes the
Sunnis who, basing their argument on the principles of consensus and oath
of allegiance (ijma' and bay'at), conclude that obedience to the king is
obligatory. He argues that rulership is a very important concern, second only
to prophethood, and should not be transferred into the hands of ordinary
people. 17
In his other writings, including reference books, Qummi also questions the
legitimacy of the existing power holders and calls them oppressive rulers
(hukkam-ijawr).'8 He forbids charitable funds to be given to the oppressive
sultan even if he has risen from among the Muslims.'9 Concerning the
payment of taxes, Qummi says that the land taxes (kharaj-i arazi) which are
levied by the oppressive sultans are not lawful unless they are collected by
permission of a just mujtahid and the receivers of taxes consist of students
of religious studies and prayer leaders.20Qummi made this statement in his
Jami'al-Shitat which is written for students of Shi'i religious studies. He seems,
however, to have been particularly interested in informing ordinary citizens.
Hence, in his Murshid al-'A wamm (A Guide for the Common People), a
book which surely serves this purpose, he deals with the same topics, clearly
describing the existing rulers as oppressive.2'
In another section of Jami' al-Shitat, which seems to have been written
during the first Russo-Iranian war,22Qummi refers to the famous hadiths
such as the 'maqbulah-yi 'Umar b. Hanzalah' and clearly emphasizes the
authority of the faqih (expert in Islamic law, i.e. mujtahid) as the General
Agent of the Hidden Imam. He goes on to argue that in the absence of the
faqih's power, he is compelled to compromise with the oppressive Caliphs
(al-mumashat ma'a khulafa' al-jawr).23 Someone asked Qummi whether the
jihad, declared by the ulama against the Russians but organized and com-
manded by secular authorities, was in accordance with Islamic as well as the
customary law (shar' va 'urJ).In answerto this question Qummi clearlyshowed
his disapproval of the existing ruling system. He said that at that time there
was no legitimate Islamic ruler to levy taxes and to spend the revenues earned
from taxation on the warriorsand defenders of the Islamic territoryaccording
to Islamic law. He went on to explain that the type of kingship and conquest
which may be considered as waging war for the cause of God surely did not
exist then.24
In his long letter to Fath Ali Shah, writtenone year before his death, Qummi
proposed with greater clarity the theory that the Shah had no genuinely legit-
imate claim to rulership.The internalevidence shows that the letter was written
when the enemies of the mujtahids, includingthe Sufis, were tryingto apply the
title of 'ulu ' amr' (men endowed with ruling authority) to the Shah. The 'ulu'l
amr' are among the authorities whom the Qur'an (IV; 59) has orderedMuslims
to obey, and the question of the applicability of this Qur'anic title to the Shah
invited Qummi's open protest and his complaint to the monarch. A paraphrase
of Qummi's complaint might not be without interest:
LEGITIMACYOF THE EARLYQAJARRULE 275
I notice that some people want to apply the title of 'ulu'l amr' to the
Shah.Thisactionis in linewithSunniIslambut clearlyagainstShi'ism,
and the Sunniswill be proudof seeingthe Shi'i monarchfollow their
steps.Attemptsarebeingmadeto disposethe monarchto followSufism
whichis worsethanSunnismand makeshimirreligious.Sincethe Sufis
have borrowedtheir ideas and practicesfrom Christianity,then the
Europeans and Christianswill be happy to bring the monarch under their
own influence. I also hear that some people bring up philosophical
questions which will end in infidelity.
Concerning the problem of the 'ulu'l amr' I would like to make it
clear that the current interpretation of this concept is absolutely wrong.
It is true that the Qur'an says: 'Obey God, His Messenger and the 'ulu'l
amr' (IV:59), but the Shi'i ulama have unanimously agreed, and
countless numbers of hadith support the idea, that the title of 'ulu'l amr'
is applicable only to the Twelve Shi'i Imams. On the other hand, it stands
to reason to argue that it would be improper of God to oblige the
believers to obey a sultan unconditionally even though he might be
oppressive and ignorant of God's rules. Hence, reason and tradition
agree that a man, obedience to whom is considered to be compulsory,
is bound to be infallible and to know all branches of learning. If forced
by necessity and access to the infallible Imam is impossible, then it will
be obligatory for the Muslims to obey a just mujtahid.
If the enemies of Islam attack the Muslims' territoryand no one except
a Shi'i sultan can repulse them, then it will be compulsory for the
Muslims to obey him. Under this circumstance, obedience to the sultan
is not compulsory simply because of his being a Shi'i sultan; rather it
is for the sake of defending the Islamic land against the enemies.25
One may notice some differences between whatever Qummi wrote to Aqa
Muhammad Khan Qajar at the approximate age of fifty on the legitimacy of
a non-faqih rule and what was written by him on the same subject when he
was nearly eighty years old. One reason behind this inconsistency was perhaps
his principle of 'mumashat' (compromise); it is also possible that during the
years he had changed his opinion. At any rate, most of Qummi's writingsshow
that in theory he did not recognize Fath Ali Shah as a lawful and legitimate
ruler, but in practice he closely co-operated with him and prayed that God
might dispose 'Our sultan and his children' to be helpers and protectors of
the Prophet Muhammad's family.26What seems certain is that those writers
who base their discussion about Qummi's theory of government solely on his
'Irshad-Namah' are in error.
Another celebrated Shi'i mujtahid who supported Fath Ali Shah in practice
but did not consider him to be legitimate without the ulama's sanction was
Shaykh Ja'far Kashif al-Ghita'. This iraqi religious leader was an interesting
person in many ways. According to Tunukabuni he used to eat a great deal;
'every night he had sexual intercourse with a woman'; he spent two-thirds of
276 MIDDLEEASTERNSTUDIES
The last, but not the least, Shi'i religious leader and usuli faqih to be discussed
is Sayyid Ja'far Kashfi. He was a disciple of 'Allamah Bahr al-'Ulum in Najaf
and he himself taught religious sciences in that city. Fursat Shirazi describes
Kashfi as a famous mujtahid who was distinguished in the commentary of
the Quran and in the hadith,57and I'timad al Saltanah considers him to be
well versed in Islamic studies.58Kashfi wrote many books, eighteen of which
have been identified,59 but to the best of our knowledge only two of them
were published. He had a friendly relationship with Fath Ali Shah and his
seventh son, Muhammad Taqi Mirza who was at a time the governor of
Burujird;6'indeed, Kashfi dedicated some of his books to him.
Concerning the problem of rulership, Kashfi, basing his argument on a
hadith reporting on the authority of the Sixth Shi'i Imam, says that Muslims
should act in obedience to the rule of those reporting the hadiths on the
authority of the Imam and are aware of, and accurate in their dealing with
the hadiths. These persons are appointed by the infallible Imam, and dis-
obedience to their rule would mean disobedience to God's rule - a sin equal to
polytheism.6" On another occasion Kashfi writes that a qualified sultan
should know the revealed law of Islam (Shari'at), Islamic ethics, fundamentals
and branches of religion. In other words, he should be able to exercise ijtihad.
If the sultan is not a mujtahid, he should adopt the legal decision of a mujtahid
(bar vajh-i taqlid) and keep company with a man of religious learning and
insight in order to be led to the right and lawful path. In this way he will be
inspired by God and will duly be able to perform the duties related to
kingship.62
In his 'Mizan al-Muluk', Kashfi considers every individual to be a vicar
(khalifah) of God on earth, appointed to perform certain duties. He then
LEGITIMACY OF THE EARLY QAJAR RULE 281
they are backed by the forces of kingship'. In relation to the latter, the
Prophet of Islam said: 'I am the Prophet of the sword (ana nabi al-sayf).
Undersuchconditions,workingfor the causeof God and the hereafterwill
be easierand in plenty.'70He continuesby explainingthat it is of absolute
necessityto havea kingin orderto establishpeaceand orderin societywhere
the rights of the people are defined and justice is carried out. For this reason
it has been said that 'The padishah (king) is the shadow of God on earth and
every oppressed person will place himself under his protection', and that 'the
sultan is appointed by God to act as a protector' of the people.7"
Kashfi stresses the necessity of peace and order on several occasions, even
stating that 'an oppressive padishah is better than a constant sedition caused
by his absence', and that forty years of an oppressive rule is better than one
hour of anarchy.72At one point Kashfi considers it an obligatory duty to
depose an oppressive king, but he does not seem to attach much value to this
idea, because soon after that he undertakes a long discussion concerning the
necessity of being tolerant to an oppressive Shah.73It is true that in the eyes
of Kashfi knowledge is superior to action and therefore the ulama are con-
sideredto be higherin rank than the king. However, as far as the actual benefits
of knowledge and its applicability are concerned, the ulama will occupy 'the
third rank of vicarship (Khilafat)', i.e. a rank lower than that of the kings
and ministers, because 'the dissemination and prevalence of knowledge is
materialized by sword and kingship'.74
Kashfi found out that the ideal mujtahid who could lawfully rule did not
exist and at the same time he laid great importance on the authority of a king.
On the other hand, he believed that kingship and religion were complementary
to each other, that kingship without religion was suited to the life of animals,
not to human society, and that religion without order and kingship could not
have materialized. He then came to the conclusion that both the mujtahid and
the king occupied 'the position of the Imam', that is, both were deputies of
the Twelfth Imam.75
In explaining this particular point, Kashfi goes on to say that the position
(mansib) of the Imam is composed of two pillars(rukns), religionand kingship,
both of which should be originallycenteredin one person. In the past, however,
the ulama desisted from the kingship, because the kings opposed them. This
opposition gave rise to sedition and disorder. On the other hand, the kings only
directed their attention to the worldly aspects of kingship, limiting themselves
to dealing with problems of order and to relatedsciences without consideration
of religious affairs. The affairs of the deputyshipof the Imam were divided into
two rukns, religion and kingship, coming under the authority of the ulama and
kings respectively. The two authorities handled these affairs in co-operation
with each other for some time, later turning against each other; consequently,
affairs of religion and kingship which should have been united became
separated.76Even under such conditions Kashfi does not endorse the depo-
sition of an irreligiousking if the latter establishes order and prevents anarchy,
because he believes that God, the Messengers of God, the Twelve Imams, and
all wise men would not approve of such a deposition.77
At the end of his book, Tuhfatal-Muluk, Kashfi quotes in full the famous
letter ('Ahd-Namah) of Ali b. Abi Talib, the first Shi'i Imam, to Malik Ashtar,
LEGITIMACYOF THE EARLYQAJARRULE 283
NOTES
Many thanks to Mr. Abdol Hossein Haeri of the Majlis Library, Tehran, and Mr. Mahdi Vila'i
of the Astan-i Quds-i Razavi Library, Mashhad, for giving me access to a number of important
but obscure and rarely known manuscripts used in this article.
284 MIDDLE EASTERN STUDIES
1. For instance consult Shaykh Murtaza Ansari, Al-Makasib (Tabriz, 1955), p. 153.
2. A good example of this type of ulama who supported the Persian Constitutional Revolution
of 1906-1909 is Mirza Muhammad Husayn Na'ini; see Abdul-Hadi Hairi, Shi'ism and
Constitutionalism in Iran: A Study of the Role Played by the Persian Residents of Iraq in
Iranian Politics (Leiden, 1977).
3. Shaykh Fazl Allah Nuri who was an anti-constitutionalist mujtahid was in favor of dualism
in rulership, and clearly said '... the assumption of religious affairs and the use of power
and glory and alertness over the security [of the state] centered in two [separate] authorities'
by which the Shaykh meant 'deputyship in the affairs of prophecy and kingship'; see Abdul-
Hadi Hairi, 'Shaykh Fazl Allah Nuri's Refutation of the Idea of Constitutionalism', Middle
Eastern Studies, 13 (1977), pp. 327-39; the quotation on p. 336.
4. The events which took place in Iran under Aqa Muhammad Khan's rule and the latter's
strenuous efforts to establish a central government have been studied by a number of Iranian
and Western authors who have admired Aqa Muhammad Khan despite his unusual cruelty
and bloodthirstiness; cf., for example, G. R. G. Hambly, 'Aqa Mohammad Khan and the
Establishment of the Qajar Dynasty', JRCAS, L (1963), pp. 161-74.
5. For an English translation of a number of these hadiths see Hairi, Shi'ism and Constitution-
alism in Iran, p. 59.
6. For information on the approach of the previous ulama such as Shaykh Tusi, Shaykh Mufid,
and Sharif al-Murtada on the problem of rulership and its legitimacy consult Muhammad
b. al-Hasan al-Tusi, al Nihayahfi Mujarrad al-Fiqh wa al-Fatawa (Beirut, 1970); Ann K. S.
Lambton, State and Government in Medieval Islam: A n Introduction to the Study of Islamic
Political Theory: The Jurists (London, 1985), pp. 138-51, 219-63; W. Madelung, Religious
Schools and Sects in Medieval Islam (London, 1985), passim; Jean Galmard, 'Les olama,
le pouvoir et la societe en Iran: le discours ambigu de la hierocratie', in J.-P. Digard (ed.),
Le Cuisinier et le Philosophe: Homage a Maxime Rodinson (Paris, 1982), pp. 253-61.
7. See, inter alia, his correspondence with Mirza-yi Qummi in [Husayn] MudarrissiTabataba'i,
'Panj Namah az Fath 'Ali Shah Qajar bi Mirza-yi Qummi', Barrasiha-yi Tarikhi, x, No. 4
(1975), pp.247-76.
8. Mirza Buzurg Qa'immaqam Farahani, Jihadiyyah (Tehran, n.d.)
9. Muhammad Ali Mudarris, Rayhanah al-Adab fi Tarajim al-Ma'rufin bi al-Kunyah aw
al-Laqab ya Kuna va Alqab (Tabriz, n.d.), Vol. 6, p. 71.
10. Tabataba'i, 'Panj Namah'.
11. Ibid.
12. Hasan Qazi Tabataba'i, 'Irshad-Namah-yiMirza-yiQummi', Nashriyyah-yiDanishkadah-yi
Adabiyyat va 'Ulum-iInsani-yi Tabriz, 20, No. 3 (1968), pp. 368-9. This treatise has been
introduced as a letter written by Qummi to Fath Ali Shah; see ibid., p. 366. A few years later,
the same treatise was again published in the introduction where Aqa Muhammad Khan
Qajar was mentioned as Qummi's addressee. The editor of the latter version claimed that
'it is obviously an error' to consider Fath Ali Shah as Qummi's addressee, but did not
explain how the error was so 'obvious'; cf. [Husayn] Mudarrisi Tabataba'i, 'Namah-'i az
Mirza-yi Qummi bi Aqa Muhammad Khan Qajar', Vahid, 11 (1973), p. 1150ff. Two years
later, making no reference to the latter version of Qummi's letter and basing her information
only on the version introduced by Qazi Tabataba'i, Lambton also claimed that the treatise
was addressed to Fath Ali Shah. She also gave an account of the contents of the treatise;
see A. K. S. Lambton, 'Some New Trends in Islamic Political Thought in Late 18th and
Early 19th Century Persia', Studia Islamica, xxxix (1974), p. 114ff. For more information
on Mirza-yi Qummi consult Mudarris, Rayhanat al-Adab, Vol.6, pp.68-72; al-Mirza
Muhammad Baqir al-Musawi al-Khwansari al-Isbahani, Rawdat al-Jannat fi Ahwal al-
'Ulama, wa al-Sadat, edited by Sayyid Muhammad Ali Rawzati (1947/1367), pp. 493-96.
13. Qazi Tabataba'i, 'Irshad-Namah', p. 377.
14. Ibid., p.380.
15. Ibid., p. 382.
16. Mirza Abu'l Qasim Qummi, Usul-i Din (1890/1308), p. 46.
17. Ibid., p. 52.
18. Idem, Jami' al-Shitat (Tehran, 1976/1396), Vol. 1, p. 36.
19. Idem, 'Fi Ahkam al-Jizyah' [one of the 22 treatises appended to Qummi's other book
entitled Ghana'im al-AyyamfiMasa'il al-Halal wa al-Haram] (Tehran, 1901/1319), p. 590.
LEGITIMACYOF THE EARLYQAJARRULE 285