Questioner: Sayyid `Abdul-Karim Mousawi Ardebili (Chief Justice)
In His Most Exalted Name
Your Highness Ayatullah al-`Uzma Imam Khomeini Great Leader of Revolution and Founder of the Islamic Republic of Iran, may your presence endure,
By virtue of the fact that the overwhelming majority of the gentlemen appointed for the position of judgment are not absolute Mujtahid and have no judgment experience and occasionally lack taste or talent, in deciding on punishment in cases Sharia has not provided rules, proportion between crime and punishment is not observed and in similar cases, for which procedural uniformity seems necessary, there are wide differences, which can result in dispute and tension. To avoid the present state of affairs, there seems to no solution in sight except persons sitting and considering suitable punishments in the form of articles and from the outset give permission for judgment on the condition that they should act according to the punishments determined. Is this practice permissible in your view or not? Please give your thought on this. May God give you long life!
`Abdul-Karim Mousawi Ardebili]
In His Most Exalted Name
In the present conditions, a number of fuqaha should study the cited cases and give their opinion. There is no objection, but it should be done temporarily so that God willing the situation of judgment improves.
Rouhullah al-Mousawi al-Khomeini
Tir 7,1363 AHS