Speech [Explanation of judges' position and its importance in Islam]

In the Name of God, the Compassionate, the Merciful

The issue of judgment in Islam, with regards to its importance, perhaps occupies the top rank. The interpretations that have come down to us through the Infallible Imams rather disclose much of its importance. The Lord of Faithful says to Sharih:" O, Sharih! You are sitting on a seat where nobody sits except the Prophet or the successor of the Prophet or a tyrant."

This means either the Prophet is the authority in judgment or his successor the one recommended by the Prophet. Except these two, whoever sits on the set is a tyrant. it is narrated a person who judges against a payment of couple of Dirham, he is a pagan (kafar). Judgment in Islam is to protect the peoples' rights. The peoples' rights and rights of God are two things having two characters. One is that the judge is independent in his judgment. Judge in Islam is independent and enjoys the liberty of judgment. So the conditions for him are very severe and serious. I do not know persons in Iran competent with such conditions. A just jurisprudent in the arena of judgment should be absolutely neutral. To him, a president of the Republic and an ordinary worker should be the same and equal without any distinction. This is one of the things demanded from a judge. As such I have no trace of such a person in the religious institutions.

There is a type of judgment in religion, which is not independent. The judge is a created one. In the first type, a jurisprudent with whole competency is the judge. He doe not need to be appointed. In the second type, the vacancies are many and the number of judges is limited. It is impossible to fill all the vacancies. In such a case, the jurisprudent appoints persons who are not jurisprudents but men of trust and probity. They can understand the legal issues from the books written in this field. So the jurisprudent appoints such persons as judges. When these people cognizant of legal standards become available the previous ones are replaced by these ones. Then judgment is taught to them. I approve of this trend so that the judgment can be a religious one.

According to the constitution, these two posts, the chief prosecutor and the chief justice, should be appointed by the leader after consultation with the judges. There are two aspects to this case: One side is: It is doubt and suspicion that necessitate consultation. In the affairs wherein exists no doubt, the need for consultation vanishes. In every affair a subject of suspicion among a few persons happens, for example one group wants the office of the public prosecutor and it is a matter of uncertainty to whom it must be given. So, in such cases, judges should be consulted. But, here there is no such a subject. Furthermore, it was not a doubtful matter to me. I have appointed these two gentlemen to these two high posts because of my knowledge about their long and shining background and their incumbency to the due requisites. Among the persons I know, all the necessary aspects do not exist. If the required qualities exist in them, they cannot spare time to carry out the obligations of these posts because of their occupation in other jobs. Therefore, I requested these two gentlemen to accept the jobs, which are the center of Islam. I asked them to bring out these departments from their previous position and change it to the Islamic justice. You know that our republic is an Islamic one. If Islamic justice does not exist at its top, we cannot name it as an Islamic Republic. It becomes a non-Islamic one. In a republic, which is also Islamic, all the organs and the departments should be Islamic, too. The most important one among them is justice and judgment. They must be based on the standards of Islam. I hope that the gentlemen get busy with their jobs and get the support and cooperation of those who are cognizant in this field.

All of us should have come to understanding that the present time is different from that of Shah's. Now the country is not under one man's rule to impose force or to bring the nation under pressure for an action he pleases. We do not have in the country such a position. In other words, our nation does not tolerate such a position anymore. Now the situation is such that if one wants to do a thing by force, all would confront him. This is a great bounty to a nation that no one could practice force. Of course, they will confine a tyrant to his own due place. They will do this by force either. Authorities will use force to confine the wrongdoers in their own places if they want to commit things like those done by the past regime. So, this is your own country. As you like your house and want it well arranged, you should have the same attachment with your country. It is like your house and the house of your friends and relatives. So you should not be idle in this respect. Do not let the task go less or short. All should cooperate with each other.

Do not preach difference among yourselves. Difference is the consequence of the self motives and inclinations. If all the Prophets come and gather here, they will not have any difference. Why? Because they have no self-inclinations. When one or both sides are frittered in self-desires, it will lead to difference. Therefore, you should try to avoid the tricks that the self plays on you and from there emanate differences, which get reflected in the newspapers or become a gossip somewhere else. A country, which is entangled in sour and stramashes and exposed to peril and danger, should return to its order and stability by its courage. If the person wants to foray it within inside by division and laceration, it will essentially fall into the hands of strangers. As you witnessed the people by their unity and unanimous cry of" God is great" succeeded in passing all the barriers on the way.

Now the situation is such that no power can do anything. In other words, it is not possible to impose a thing upon a nation. Yes, it is likely that a tyrant may come and impart his tyranny but cannot dominate a nation that has stood up and does not want to give in. So, in that case, no one can do anything. No power- even America or Soviet Union- can impose themselves upon a nation.

On that day, the ambassador of the Soviet Union came to me and said that Afghanistan has requested our military help. I told him that this is a mistake the Soviet Union making. Of course, the Soviet Union can capture Afghanistan but it cannot stay there. If you think that you will take over Afghanistan and disseminate peace and calm there, it is a wrong idea and a mistake. The Afghan nation is Muslim and follows Islamic orders. They have stood against the government of Afghanistan. If you leave there and another power goes there, no peace will be there. At the end of the day, the aggressor will be defeated. Even now I believe that when a nation gets united and speaks in one voice, no power could overcome it. Thanks to God that Iran now has no government which is against the nation. The government and the nation are together. In a country like this, no one can come and impose matters on the nation. Therefore, from abroad the cries are heard on what we are going to do next. If you remember when the youth went and captured that `center of espionage', they returned with information that Americans wanted to drop parachutes and make the youth paralyzed and enter the `nest of the spies' and rescue them. This is a nonsense and tirade. They want to intervene militarily and stramash all. All was oral and still it is oral. Do not fear the words. They do not lead to any action. We do not fear these words that they will take military action. They did the same in Afghanistan too. We are in a better position to campaign than Afghanistan was.

However, the thing that is a matter of regret is that their propagators of are among us- the Iranians. They want to start depredation from inside. Furthermore, the people and the organizations all will be dragged to a total stramash. They want to create a division between the president and the council of consultants. They also want to create parties or wings and branches in order to create differences and anarchy that is the like the thing they are doing. Therefore, we all should be vigilant to the fact that this country has had been plunged into troubles since fifty and odd years in addition to 2,500 years. All people were witness to the events. Now by the grace of God, it got rid of the difficulties. So, we should be aware not to do a thing that could return us to the same troubles. God forbid! If we differ with each other and deviate from the angle God has enjoined us, that is" Hold firm to the rope of God «1», the mercy of God will be held back from us, too. We will become what we have been. We are unable to perform a thing just by ourselves. We should try to preserve its divine dimension to the extent we can do this. We can have unity in our word and can be all-together. God also helps us and the things take shape. I have time and again requested this from all and every class among the people. You gentlemen are at the helm of justice. Be advertant to the fact that all should have one voice and help each other. Let the justice department, which is the point here, get purged. The corrupt persons, those ignorant of justice, and those who want to have every thing for themselves; a trade out of this job should be removed. Virtuous and good people should take their place.

I pray to God for the health and prosperity of the nation and all nations of Islam. I thank you for your coming and for making acquaintance.