Speech [Importance of judgment; highlighting the duties of pilgrims and clerics accompanying the caravans; crimes of the US and Saddam in the region]

In the Name of God, the Compassionate, the Merciful

Today, I should talk for the clerics and those dealing with spurituality. It is difficult for one to express all words in the presence of clergymen. There are numerous questions dealing with the clergy, in general, and the clergymen accompanying the Hajj caravans, in particular. There are also questions dealing with judgment and the public prosecutors of the country not to mention other questions that we might not find the opportunity to take up in detail.

That which concerns the clergymen, the gentlemen know better that wherever the clergymen live- from the one at the top such as a maraji` to the one busy serving Islam in a village- the people of Iran and even the oppressed peoples and nations of the world count on them. Your status today differs from that at the time of the corrupt Pahlavi regime and under the oppression of tyrants of the world. In those days, if there was silence or failure, people would accept. They accepted that the gentlemen did not have any power to act and to serve the people. Today, however, those problems have been fixed and, thank God, all the gentlemen everywhere can freely preach the people.

Today, if the gentlemen, God forbid, fail to perform their duties or commit a mistake in relation to the nation, this mistake or dereliction of duty is not accepted before God Almighty and the people. We can no longer say the intelligence organization is there and that we cannot do anything. You, gentlemen, are now free to preach Islam and prevent any deviation everywhere. You can preach to the people and the civil servants, consult them regarding the problems and correct the aberrations. Most of you have experienced some of the former problems and some of you who are older have witnessed events from the beginning to the downfall of the corrupt regime. You have seen who governed these oppressed people. In appreciation of being rescued from the bizarre troubles the like of which have not befallen the nation in the course of history, we should serve the people. We should thank God Almighty for delivering us from those enormous problems. The real appreciation is to act in a way that God Almighty will be satisfied with us, the God who delivered us from that corrupt regime that was about to distroy everything.

Judgment is an important matter. Judgment, justice and courts that are concerned with people are among the issues to which Islam has attached paramount significance. Judgment in Islam is among the occupations pronounced wajib kafa'i (a collective oblegation). If a judgment is left unattended to or devious elements infiltrate the judiciary, it is incumbent upon all those who can perform it independently or by way of imitation to practice judgment and fulfill the needs. When we talk to the officials in charge of the judiciary, they complain of shortage of judges. They argue that if the cases of the prisoners behind bars have not yet been investigated, it is due to a shortage of judges. We should release the prisoners who might be free from sin or have committed minor sins. It is therefore incumbent upon individuals capable of practicing judgment to apply for the post and remove this defect. The respected teachers of the Qum Theological Seminary who are active, should declare that those interested in court trial should enroll to settle the problems of the prisoners whose case has been prolonged or is pending because of a shortage of judges. This is obligatory on all the need is met.

Sometimes one may act contrary to precautionary rules by handling things with caution. They refuse to practice judgment because it is difficult and may fall into confusion. However, practicing judgment is wajib kafa'i; and when a sufficient number of judges are available, it will not be essential for all to exercise judgment. Nevertheless, all are responsible to pursue affairs of judgment. If judgment is pending, it is well advised to attend to it. It is, therefore, absolutely necessary; caution cannot be a justifiable excuse. To elaborate, there might be individuals who must continue with their education, but when an obligation becomes incumbent upon them, they cannot be engaged with this highly recommended valuable occupation; they must pursue the obligatory practice and perform it until there are enough judges to see to the affairs of offenders lest an innocent one's case be left unattended. The gentlemen should apply and undertake the practice. I assign this duty to the teachers of the theological seminary of Qum and the `ulama' of Mashhad, Isfahan and seminaries elsewhere across the country. They should think out a way to invite and encourage applicants in any way they deem advisable. They should warn against the mentality that they should perform a religious obligation and that it is not right to abandon a religious obligation and perform a recommended duty. This is an important subject that should be notified. The teachers and `ulama' in different cities should notify and diminish this deficiency so that the problem would be removed.

Another subject that judges should pay great regard to deals with the decisiveness that the gentlemen, the public prosecutors and those in charge of this important Islamic practice should display. This is a heavy responsibility and they are required to undertake it. Note that the life, property and principles of the nation are in your hands and in the hands of courts. They are responsible and should consider the general interests of Islam as much as they can. Be careful not to overlook one who has committed a sin or, God forbid, punish one who has done no wrong. A judge should be a resolute man, showing decisiveness in dealing with both sides. If one is sentenced to death according to a religious verdict, it is not permissible to show mercy to the guilty person. For instance, if one is sentenced to imprisonment term and ta`zir (discretionary punishment), the ta`zir should be enforced. If, God forbid, one has not committed a sin, one should be exonerated and released without delay. A judge should be decisive; he should not be so relenting and tender-hearted as to show affection to criminals, one example of whom you and I saw a few days ago. There are many examples of them whom we have not seen. They will be unmasked later. They might not be disclosed to the last. It might be clear only before God's throne. We observed one instance. One cannot conceive of how cruel a man who has been born with divine nature can be. No animal treats its own kind like this.

Right! Such problems exist. A judge should not show affection towards such criminals. I don't say punish such criminals in excess of what divine justice has prescribed. The judge is not allowed to give a smack on the cheek of the criminal. But he should not neglect executing a death sentence as prescribed by the law. On the other hand, if one is innocent, he should not be given a harsh word. The offenders should not also be treated inhumanly. Those sentenced to death should be executed without any extra punishment. Be reminded that you are accountable.

Jailers and prison guards should also take care. Senior officials and those in charge of executing the verdict should both note that divine limits do not prescribe to slap or use obvious language against one who is sentenced to death. Lex talionis is applied to such an act. If you slap a criminal who is being taken to be executed, you have done an act contrary to the law and the convict is entitled to retaliate. Don't think that now that this man has been imprisoned, you should treat him badly. God willing, you will not and must not.

Similarly, esteemed judges should carefully act in accordance with the Islamic criteria. We, who claims that our republic is Islamic, Islamic laws should be implemented in this republic. Prisons, courts, the public prosecutor's office and justice departments are one of the important affairs. If, today, God forbid, anti-Islamic acts are performed in justice departments as in the case of the former regime, we should toll the knell of this republic. Repeated advice has been given that if relevant laws do not exist, they must send to all judges asking them to act according to Shari`ah and not care for former laws.

Again, I announce to the judges and those engaged with justice administration across the country that all the laws at the time of the former regime running counter to Shari`ah should be abolished. I undertake the responsibility for doing so. Abolish all of them and act according to Shari`ah.

If the judicial council has not, God forbid, done it, now send a circular to public prosecutors, courts and justice administrations across the country, instructing them to annual all the laws contradicting Shari`ah. Notify them that they can act according to the laws conforming to the (Islamic) canon. However, the laws disagreeing with Shari`ah should be rescinded and no one has any right to act according to laws which do not conform to Islamic canons and if anyone does so, one is culpable in addition to the fact that one will be denigrated before the Exalted and Blessed God. Offering the excuse that one acts according to the law is not acceptable. Which law? The law opposed to Islam? The law opposed to Shari`ah? This law should not be acted upon. If you want to act according to the law at the time of the former regime, one of the articles of the former constitutional amendment stipulated that no law contradicting the canonical law was valid. However, formerly, this article was pushed into oblivion and not acted upon. Anyhow, rules that they have adopted in the name of law and are contrary to Shari`ah can not be considered law even according to the constitution of the former regime.

If you were asked why you acted thus, you can say the former constitution had also provided this procedure. The present law also stipulates this procedure. One who acts according to laws contradicting Shari`ah is a law-breaker. Anyone who says the law that is against the canon should be applied as stipulated by the law should be ignored. You should resist and argue that this is against the canon. Those who have disregarded this procedure should be summoned and tried.

The former justice administration should be transformed into an Islamic one. The simple excuse that we should act according to the law, notwithstanding the fact that it has been passed in the former regime is not plausible. According to the constitutional amendment of the former regime, rules that contradicted Shari`ah were not considered law. The Guardian Council and the Judicial Council should send circulars saying that the former laws contradicting the canon should not be acted upon and that if anyone does so, one will be considered an offender and tried. There are scores of issues to discuss about courts and judgment, but time is running out and I should touch on a few other subjects.

As regards the Hajj and the pilgrims in caravans, the purpose behind the Hajj is to meet people of different nationalities and attend to each other's problems. If you expect welfare not found in your own houses during the pilgrimage, this is not Hajj. The Hajj, God, the Exalted and Blessed, has declared obligatory is one that enjoins the pilgrims to be acquainted with other people and their living conditions and attend to the well-being of the poor. The time when we went for the Hajj, we became acquainted with the life of the people of Hijaz. Today, the pilgrims don't know anything about those times. At that time, we rode in a car from Mecca to Medina, wherever the car stopped in this long barren deserts, naked children, women clad in something that covered their body and men in disparate situation came out and importunately solicited money. One should see these poor people and then expect everything to be made prepared for them in caravans during the Hajj. We should pay attention to such issues. The clergymen should remind the pilgrims of such problems so that they stop becoming very demanding.

You are traveling by plane. In those days, people traveled on donkeys, taking up to 14 months for some people to go and come back. Now you go comfortably on a plane and reach your destination in two or three hours. In the past, there was no lodging where one could rest. The few ones available were so dirty that one could not stay in it. One had to make lodgings for oneself. Now, you have been provided with hotels. You are a Haji' (Hajj pilgrims) and a Muslim who wants to attend to the welfare of Muslims and oppressed peoples of the world. Don't be so overly expectant lest God Almighty, God forbid, may ordain things to be different; then troubles will mount.

The clergymen should remind the people of the fact that if there is a shortage, the gentlemen have taken trouble within their capacity and provided lodgings despite the difficulties there. They cannot do any better. If you experience some shortages, it is not because the gentlemen did not want to provide facilities; they could not. They have taken pains within their capacity. When they cannot, what can they do? Can they tell people not to do the Hajj because we cannot provide them with a big house, recreation, etc.? Or should they go and pay a little attention to the pains the poor are suffering.

The duty of the clergymen accompanying the caravans is to acquaint people with Hajj rituals. On many occasions, one observes that people take great pains to do the Hajj, but they do not know the rules and get into difficulty there. A few years later, they ask if their Hajj had been correct or not. They say that they performed this or that ritual and then ask if it was correct or not.

The gentlemen should set up classes, invite the prospective pilgrims and teach them the Hajj rituals, the obligatory practices and those forbidden to perform. If you cannot teach them the etiquette of Hajj completely at least teach them what is permitted and what is forbidden. The pilgrims are also obliged to attend the classes and learn the rules so as not to be in trouble late on. After returning from Mecca some may come and ask whether their circumambulation was right or not. When one learns the rules here, he/ she will perform the Hajj correctly and without defect. It is the duty of the clergy to teach people the rules and people should also seek to learn the Hajj rituals. We should not simply fly to Mecca and let come what may. Mecca is different from other places. One may visit many holy places and if his pilgrimage is not complete, one will not face any problem. However, in Mecca one will encounter problems; one's Hajj will not be accepted and he has to go another time. Therefore, for one's own sake and to avoid a second pilgrimage with all its difficulties, one should seek to learn the rituals and not to do any wrong or make a mistake causing oneself problems afterwards.

Another subject which the clergymen in the caravans should remind people of is the order they should observe in performing the political affairs of Hajj. It is not right that everyone does whatever one wishes. This will generate chaos. Every move should be done in order. If they want to congregate for a certain reason, one who is in charge of Hajj affairs should chart the program, which should be acted upon. If everyone in any group wants to act on his own and according to one's taste, one will create trouble for oneself but will also weaken the Islamic Republic. One should not act in a way as to tarnish the image of the Islamic Republic. The preachers almost in all parts of the world are conducting propaganda against the Islamic Republic. We should not do something or give them an excuse to magnify a minor problem. ]Therefore, anyone in his caravan should be notified that programs should be organized in compliance with some order, and not be carried out in a chaotic manner. All should strictly observe this rule lest, God forbid, their Hajj may be tainted with sin. Whatever you do should be for Islam and an act of worship. Your march should be done in a way as to be an act of worship, not sin. The slogans should be ideological and for God, not sinful. It is not right to do whatever you like and use foul language against others. You should move in accordance with a proper program designed beforehand.

It is necessary for us to regard the world situation. In our age, many words have lost their original meaning, acquiring a different implication. When one looks at the meaning of" justice" one understands that it has undergone a change in the world today. The term" popular" has been distorted. Security organizations in the world are, in fact," insecurity" organizations. The societies proclaiming to support human beings are, in fact, supporting tyrants, not human beings. No one asks why the big powers are doing such things in the world. At times, some may object against them and say something, but the point us that when the major international organizations are to be controlled by four, five big countries who can call them security and human rights organizations. These organizations have also lost their pristine aims which were working for all humanity. Four or five countries command everything. No matter what other countries do, if one of these powers says no, nothing will happen. The veto right is something no one can accept. These supposedly relevant international organizations have, however, accepted this right. Not even immature people can accept that they seek to establish justice in the world, and yet the authority to decide the fate of nations should be vested in two or so countries. When these countries plunder a place, but one of these international organizations wants to stop it, they will veto it right away and reprove that organization. One country attacks Afghanistan; if asked why, they say nobody has any right to question it! The other intrudes into, for example, Beirut and the like; if one wants to raise an opposition to it, one will be told that one has no right to question why. Now Israel has stood against all Islamic countries and tells them they cannot lift a finger against it. Is it not regrettable? Are these people holding the rein of affairs not human to stop Israel, which has stood against them, and say enough with meddling! It invaded and captured Beirut, committed those crimes, disturbed the liberation organization and dispersed all. Those who were silent, who did not confront the crimes, who watched and even favored of such crimes should know that their turn will come. Israel will deal with them later on.

It is regrettable that Islam is suffering from such a deplorable situation and those who claim to be Islamic are embroiled in this situation. Islam deals so strictly with violators and aggressors while those who claim to be followers of Islam encourage the aggressor. The US that stands at the top of the criminals masterminded the crimes committed in Beirut. The US covert hand and the Zionists' overt hand perpetrated those crimes. The Zionists confessed that the US had designed the plan. If the US had not been behind the scheme, Israel would quickly stop everything on America's order. This is a blow Muslims have received from the US. Then the gentlemen claim to be Muslim, to be supporting Muslims; while they offer everything they have to the US and beg the US pardon as well. Is it not deplorable for people, for Islam and for all? Do these nations not know what they are doing? The Israel intruded into Beirut and perpetrated whatever crime they could to women, children and the poor people and disturbed the situation, while all were watching. A group even supported the Israelis. Some people raised protest against all those crimes but were ignored.

Do you think Israel is content with this? Israel plans to destroy all Muslims. The US also plans to destroy Islam. They all objected to the Islamic Republic because it bears the name" Islam" and wants to rule according to Islam. In their propaganda operations they are dubbing us as supporters of the US and Israel! We who have been crying out for the past 20 years or so that the problems of people have been caused by the US and Israel, are described as supporters of Israel. But those who are sitting idle while Israel is destroying their countries are not Israeli! They are all against Israel!? If they are opposed to Israel, what have they done against it?

These are the disasters in our age when everything has become chaotic and confused. One who confesses to be Muslim views Islam in a different light. The one who talks about" true Islam" plans to present something different from what Islam prescribes. One who is an Islamologist understands Islam differently. The supporter of human rights cries out something in contrast to human rights. Basically, words have lost their original meanings. I told you earlier that these common terms such as justice, social justice, human rights organizations, security organizations and so on have been divested of their true nature. Which of them are what they were truly meant for? When Islam is mentioned the Islam we preach is not the true one! The one that preaches the true Islam is committing these crimes in spite of all Islamic regulations. The terrorists claim to be fighting an armed struggle! Is armed struggle what we watch on TV? Does armed struggle mean killing children and burning them? Is this armed struggle? The words have changed their meanings. As such, armed struggle consists of what they are doing and terrorism a different thing! Today everything is like this. I presented a general picture of the situation. You can pursue the matter. If you can find a term conforming to its original meaning and acted upon according to its original concept, let me know as well to use. But be sure that nowhere you can find these things they say. Their deeds contradict their words. They say something, but do something quite different. They preach something and do another thing. They preach" true" Islam- the Islam presented by us is not the true Islam- and then commit those crimes in the name of true Islam! Those who speak about human rights crush the weaker nations!

One who claims to have revolted for peace and wants to establish peace in the world wage all wars, like the one we and Iraqis embroiled in nhowadays. The US created this war. Have they triggered this war in order to make peace in the world? Do people trigger wars to establish peace? To support what I say that words have lost their original meanings, you can find an example in the speech made some days ago by Saddam in an interview in front of a number of commanders and officers. You should listen to this interview. Quotation does not do justice to what he means. Firstly, he has assembled them to give a badge of victory to his commanders for achieving victory in Iran and Iraq. The badge of victory has also lost its nature. So has victory. The little man «1» has been forced to retreat, given a smack in the mouth and driven out and says," We achieved victory!" Victory has lost its meaning. In his speech, he praises Islam so much. I don't remember his exact words now but anyone who goes there must see this: You should it Saddam told non-commissioned officers and other [ranking] officers that:" In the course of history, you have proved to the future generations, not today, that you are interested in Islam and the people and you have treated the people well to whom you have displayed!" If words have not lost their meanings and potency anyone can find his place among a crowd and make such rhetoric!

When I heard how fluently Saddam talked to people and how bluntly he misrepresented facts, a story crossed my mind. Once, one asked a poet who the best `Arab poet was. The man said: come within to show you. The man is said to have taken the questioner to his house. The questioner observed that an old man was sitting and sucking the teat of a teat of a goat very dirty. The man said," The old man you see sucking the teat of the goat is my father." He sucks directly from the teat because if he milks the goat, some milk will remain in the bowl and is wasted. He is so stingy. The poet has been quoted as saying that the best poet among Arabs is the one who has taken pride in such a father for 30 years, being proud of this father among the Arabs. Now, I should say the best orator among the `Arabs is Saddam who presents these defeats as victory and takes pride.

Among the remarks he has made recently is that if Iran wants to do such and such things to our cities, he whill do such and such to Kharg Island. «2» This implies that he could do what he wanted but he did not! All people and the world know Saddam will do whatever he can. If he does not commit a crime, it is because he cannot. If he could bombard Kharg Island and our Islamic centers, he would have done so. So far he has done whatever he has been able to. He cannot do any more. He sits at a corner and hit Abadan and Dezfoul with long-range missiles. He hit wherever he can every day. He cannot. It is not true that if we do, he will reciprocate. Our army fired the flares «3» over Basra. They could also fire cannons and missiles. If they did not, the mentality of our army and Sepah differs from their military. The Saddamite army's mentality is based on blasphemy and indecency. However, our forces have undergone Islamic education and do not want do such things. Saddam claims to be able to accomplish many things but he cannot. If he could, he would have done so far. If he could, he would destroy all our islands and cities. But he could not. He did whatever he could. He committed all sorts of treason, impudent acts and destruction of all kinds. He destroyed the houses of oppressed and poor people.

Unfortunately, all groups in the world are sitting in their homes and writing that Iran could not accomplish anything and that Saddam did such and such. They constantly write such lies. But reality cannot be changed by such fabrications. The truth of the matter is that if Islam had not tied our hands nothing would have remained of Basrah and Baghdad. But what can we do? Our hands are tied and theirs free. Their leash is in the hands of Satan and they do whatever it orders. However, we are proud of Islamic laws, which have bound our hands, enjoining us not to commit any transgression. We should act in conformity Islam.

I hope that, God willing, all of us and all human beings be guided and that the situation now prevailing in the will would change for the better. May God awaken the Islamic governments and draw their attention to Islam. I hope God will grant victory to our nation, army and Sepah in the warfronts. It is hoped that God will grant us success in conforming to Islamic laws and acting according to Islam in all our affairs.

May God's peace, mercy and blessings be upon you.