In the Name of the God, the Compassionate, the Merciful
His Eminence Hujjat al-Islam Haj Muhammad-`Ali Ansari- may his graces last,
I read your letter. You have designed an issue in such a way that responding to it becomes somewhat lengthy, but as I am fond of you, I know you as a religious and learned man- of course, a little bit emotional- and I am always grateful for your unsparing favors to me. As an advice to you and your likes whose number is not few, I will discuss the issue, hence:
The books of the great jurists of Islam are full of differences of opinions, tastes and understanding in various areas: military, cultural, political, economic and devotional. Since in issues in which there has been an alleged consensus there are opposing statement or statements and even in issues in which there is consensus it is also possible to have a contrary statement, we will set aside the difference between the Akhbaris and the Usoulis. Since, in the past, these differences were confined to the circle of lesson, discussion and madrasah and were only recorded in scientific books and more, they were in Arabic, naturally, the masses of people were unaware of them. If they were ever aware of them, pursuing these issues were not attractive for them. Now, can it be imagined that since the jurists have differed in opinion to one another- we seek refuge in God- they have acted contrary to the truth and the religion of God? Never. Yet, today, with utmost delight due to the Islamic Revolution, the statements of the jurists and authorities have been extended to radio, television and newspapers. There is a practical need for such discussions and issues; for example; on the issue of ownership and its limits; on the issue of land and its classification; on booties and public wealth; on the intricate issue of money, foreign exchange and banking; on taxation; on domestic and external trade; on leasing a farm, bailment of a capital, renting, and mortgage; on hudoud and fines; on civil laws; on cultural issues and approach toward the art in its general sense such as photography, painting, sculpture, music, theater, cinema, calligraphy, and others; on protecting the environment, keeping sound the nature and controlling the cutting of trees even in private residences and properties; on the issues of foods and drinks; birth control to the extent necessary or determining the gap between births; on solving medical questions such as transplantation of human limb and others to other human being; on the issue of underground, and national minerals; changing the subjects of lawful and unlawful, and the expansion and contraction of some laws on divergent times and spaces; on legal issues and international laws and their comparison with the laws of Islam; the constructive role of women in the Muslim society and their destructive role in licentious and non-Islamic gatherings; limitations of the individual and collective freedoms; dealing with kufr (disbelief), shirk (polytheism) and" iltiqat" as well as blocs subservient to kufr and shirk; the manner of performing the obligatory acts of worship on the air and in outer space, movement against the moving direction of the earth or in accordance with it with a speed more than that of the earth or on direct ascension and neutralizing the earth's gravity; and the most important of all these, describing and determining the sovereignty of the Guardianship of the Jurist [Wilayah al-Faqih] in the government and society. All of these are just part of the thousands of problems that are to be conveyed to the people and government. These have been discussed by great jurists who have different opinions with one another. If some of the issues have not been discussed in the past or that there were no such issues then, today, the jurists must think about them.
Thus, in the Islamic government the gate of ijtihad must always be open and the nature of the revolution and the system always requires that deductive-juristic views in various areas, though opposing one another, are freely expressed and no one can and should stop it. Yet, what is important is the correct understanding of the government and society on the basis of which the Islamic system could set a program for the benefit of the Muslims wherein the unity of the policy and action is necessary, and on account of this that the conventional ijtihad in the religious seminaries is not enough. In fact, if one person is the most learned in the specified sciences in the religious seminaries but could not identify the interest of the society or could not distinguish the righteous and important persons from the unrighteous ones and, in general, lacks the correct insight and power of decision-making on social and political aspects, that person is not mujtahid on social and governmental issues and cannot administer the affairs of society.
Nevertheless, please note that so long as there are differences and discussions within the confinement of the abovementioned issues, there is no threat for the revolution. If the difference were on the principles and foundations, it would lead to the slackening of the system. If there is difference among the individuals and parties affiliated to the revolution, it is purely political although an ideological color is given to it. It is because all are in common regarding the principles and it is on this account that I confirm them (all). They are loyal to Islam and the revolution; they are concerned of the country and the people; each (of the groups) has its own design and view for the advancement of Islam and serving the Muslims, which to my opinion, brings out deliverance. The overwhelming majority in both currents (parties) wants their country to be independent; both (parties) want to reduce for the people the wickedness and evil of the leech-like (elements) associated to the government, market and street. Both (parties) want noble employees, religious workers and farmers, and truthful merchants in the markets and streets to have a pure and wholesome life. Both (parties) want to have no graft and corruption in the government and private organs. In the realm of economy, both (parties) want the Islamic Iran to develop in such as way that the global market would be its own. Both (parties) want the cultural and academic conditions of Iran to be such that the students and researchers from around the world would flock toward the educational, scientific and artistic centers of Iran. Both (parties) want Islam to become the global power. So, the difference lies on what? The difference lies on the fact that each of them believes that its way is the one leading toward the realization of all these. However, both (parties) totally pay attention to the fact that assuming stances should be such that while preserving the principles of Islam throughout history, they should be the keepers of their and the people's revolutionary wrath and rancor against the Western capitalism, on top of which is the world-devouring American and the international communism and socialism, on top of which is the aggressor Soviet Union.
Both currents should undertake utmost efforts lest there should not be even an iota deviation from the policy of" Neither East nor West but the Islamic Republic". If there is, they should be corrected by means of Islamic justice. Both groups must pay attention to the fact that they have common arch enemies, which will have no mercy on neither of them. With utmost sense of brotherhood, the two currents should beware of the world-devouring America and the treacherous Soviet Union for the Muslim ummah. Both currents should inform the people that the deceptive America is their arch enemy but their dear children were martyred through the Soviet bombs and missiles. Both currents should not be negligent of the tricks of these two colonialist fiends, and they should know that America and the Soviet Union are thirsty for their blood and that of Islam.
O God! Be the Witness that I said to the currents what I am supposed to say; they themselves should know. Of course, there is one thing that can possibly be the source of difference, from whose evil we should seek refuge in God; that is, self-love, which is no longer known to this and that current. It recognizes no President, Majlis Speaker, Prime Minister, Member of Parliament, minister, judge, Supreme Judicial Council, Guardian Council, Propagation Organization and propagation office; military and civilian, cleric and non-cleric, student and non-student and man and woman. There is only one way to combat against it and that is contentment.
If the gentlemen would look at the issues from the viewpoint, that all want to support the system and Islam, many of the difficulties and confusions would be resolved. This does not mean that all the people should follow only one current. I have said that constructive criticism does not mean opposition and new formation does not mean opposition either. Appropriate and constructive criticism brings about the growth of society. If the criticism is right, it will lead to the guidance of the two currents. Nobody should think of himself as absolute and exempted from criticism. Of course, criticism is different from factional and group confrontation. If in this system anyone or any group- God forbid- is wrongly thinking of eliminating or destroying others and consider as preeminent the interest of his group and faction than that of the revolution, definitely, before he could render a blow to his rival or rivals, he has already inflicted a damage to Islam and the revolution. Anyway, one of the works on which certainly lies the pleasure of God, the Exalted, is making the hearts close to one another, endeavoring in cleansing the indignations and bridging the gap between the positions of rendering service. One must avoid the intermediaries whose only job is to induce pessimism toward the other faction. You have so many common enemies that you should exert utmost effort to stand firm against them, but if you saw someone who encroaches upon the principles, you should decisively confront him.
Of course, you know that the government, Majlis and the high-ranking officials of the system have never infringed upon the principles and frameworks. They have not deviated from the principles. For me it is clear that belief in and love of God and service to the people are hidden behind the institution of these currents. By exchanging constructive thoughts and ideas, the course of rivalries should be purged of pollution, deviation, extremism and profligacy. I do urge once again that our country at the stage of rebuilding and reconstruction is in need of thinking as well as unity and brotherhood. May God grant success to all of those whose hearts are beating for the revival of the pure Muhammadan (s) Islam and the annihilation of the American Islam; protect you and everybody under the shelter of His help and protection. God willing, may you be among the helpers of Islam and the deprived.
Rouhullah al-Mousawi al-Khomeini
10,1367 AHS
Jamaran, Tehran
Charter of brotherhood and openness of the gate of ijtihad «1» in Islamic government
Muhammad-`Ali Ansari
Imam khomeini's Sahife, Volume 21 from page 170 to 174
«۱»- Ijtihad: the practice of giving an independent judgment on a point of theology or law.
امام خمینی (ره)؛ 10 آبان 1367