Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader

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Heidarnejad Valiollah; Jamal aldin Zanjani Mahmoud

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Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2020 | Volume:16 | Issue:60 Page(s): 27-51

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Title

Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader

Author(s)

Heidarnejad Valiollah | Jamal aldin Zanjani Mahmoud | Issue Writer Certificate

Keywords

resignationQ2

LeadershipQ2

Assembly of Leadership ExpertsQ1

Imamiyah JurisprudenceQ1

incumbency of Velayat-e-AmrQ1

Abstract

After the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the constitution, it becomes clear that the withdrawal is meant to be the same as the so-called resignation which must be approved by the Assembly of Leadership Experts. However, the lack of anticipation of the mechanism for the resignation of the Supreme Leader, authority for its acceptance and its quorum in the Constitution and the internal regulations of the Assembly of Leadership Experts is a source of criticism. From the point of view of Imamiyyah jurists, Leadership (velayah) is one of the categories of decrees, so it cannot be revoked and handed over and it is not possible for the ruler to resign. On the other hand, acceptance and continuation of the position of Velayat-e-Faqih is a religious duty. If the position of Velayat-e-Amr is determined in a single and specific person, the obligation of Velayat-e-Amr will be an imperative obligation and he can not refrain from continuing it. However, if there are numerous people who are qualified and Leadership is not exclusively assigned to a specific person, and the resignation of the leader does not have a corrupt consequence in the maintaining of the system and is not against the interests of the Islamic society, after the approval of the Assembly of Leadership Experts, resignation of the leader is possible. A governmental study of the life of Imam Ali (PBUH) also shows that in the most difficult circumstances, as a divine duty, he was in charge of the Islamic society with strength, submission and leadership, and the doubt in his resignation from the government after the third caliph is lacking in prestige. There is no consensus among Sunnis on the permission and posibility of the caliph's resignation, but generally the permission to resign has not been accepted in the first place, and it is generally held that the resignation of the caliph is not permissible if there is no one to replace him. The caliph is restricted even among Sunnis.

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APA: Copy

Heidarnejad, Valiollah, & Jamal aldin Zanjani, Mahmoud. (2020). Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 16(60 ), 27-51. SID. https://sid.ir/paper/362777/en

Vancouver: Copy

Heidarnejad Valiollah, Jamal aldin Zanjani Mahmoud. Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2020;16(60 ):27-51. Available from: https://sid.ir/paper/362777/en

IEEE: Copy

Valiollah Heidarnejad, and Mahmoud Jamal aldin Zanjani, “Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 16, no. 60 , pp. 27–51, 2020, [Online]. Available: https://sid.ir/paper/362777/en

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