Leading Clerics Defy Ayatollah on Disputed Iran Election [Link: dKos diary; quote from New York Times article]
CAIRO -- The most important group of religious leaders in Iran called the disputed presidential election and the new government illegitimate on Saturday, an act of defiance against the country's supreme leader and the most public sign of a major split in the country's clerical establishment. A statement by the group, the Association of Researchers and Teachers of Qum, represents a significant, if so far symbolic, setback for the government and especially the authority of the supreme leader, Ayatollah Ali Khamenei, whose word is supposed to be final. The government has tried to paint the opposition and its top presidential candidate, Mir Hussein Moussavi, as criminals and traitors, a strategy that now becomes more difficult -- if not impossible.
A statement by the group, the Association of Researchers and Teachers of Qum, represents a significant, if so far symbolic, setback for the government and especially the authority of the supreme leader, Ayatollah Ali Khamenei, whose word is supposed to be final. The government has tried to paint the opposition and its top presidential candidate, Mir Hussein Moussavi, as criminals and traitors, a strategy that now becomes more difficult -- if not impossible.
Grand Ayatollah is a title he was given when he was assigned to be the Iranian leader. This title has been widely criticised by Muslim scholars[who?] who do not recognise Khamenei as an Ayatollah.[citation needed] At the time of Khomeini's death Khamenei was not a marja or even an ayatollah, and the Constitution of Islamic Republic of Iran required the Supreme Leader to be a marja. However, Ayatollah Khomeini had not been satisfied with the field of candidates to replace him and in April 1989, three months before his death, assigned a team to revise the constitution so that the Supreme Leader of Iran need only be an expert on Islamic jurisprudence and possess the "appropriate political and managerial skills".[21][30] This new amendment to the constitution had not been put to a referendum yet, so upon choosing Khamenei the Assembly of Experts internally titled him a temporary office holder until the new constitution became effective. The choice of Khamenei is said to be a political one,[31] but the "political elite" of the Islamic Republic "rallied behind Khamenei" and his status was "elevated overnight" from Hojjat ol-Islam to Ayatollah. His status as marja is controversial. In 1994, after the death of Grand Ayatollah Mohammad Ali Araki, the Society of Seminary Teachers of Qom declared Khamenei a new marja. However, four of Iran's dissident grand ayatollahs declined to recognize Khamenei as a marja.[32] Nevertheless, according to narjes.org a cleric only needs acceptance of a few grand ayatollahs to be recognized as marja.[33] Khamenei refused the offer of marja'iyat for Iran, as he explained, due to other heavy responsibilities, but agreed to be the marja for the Shi'as outside of Iran. His acceptance of marja'iyat for Shi'as outside Iran does not have traditional precedence in Shi'ism. Marja'iyat can be, and in modern times it increasingly is, transitional.[31] Grand Ayatollah Mohammad Shirazi, who was under house-arrest at the time for his opposition to Grand Ayatollah Ruhollah Khomeini, did not accept Supreme Leader Ayatollah Ali Khamenei as a marja. According to "Human Rights in Iran" (2001) by Pace University's Reza Afshari, Shirazi was "indignant" over recognition of Khamenei as the Supreme Leader and a marja. Shirazi (who died in late 2001) apparently favored a committee of Grand Ayatollahs to lead the country. Other marjas who questioned the legitimacy of Khamenei's marja'yat were dissident clerics: Grand Ayatollah Hossein-Ali Montazeri, Grand Ayatollah Hassan Tabatabai-Qomi and Grand Ayatollah Yasubedin Rastegari.[32]
At the time of Khomeini's death Khamenei was not a marja or even an ayatollah, and the Constitution of Islamic Republic of Iran required the Supreme Leader to be a marja. However, Ayatollah Khomeini had not been satisfied with the field of candidates to replace him and in April 1989, three months before his death, assigned a team to revise the constitution so that the Supreme Leader of Iran need only be an expert on Islamic jurisprudence and possess the "appropriate political and managerial skills".[21][30] This new amendment to the constitution had not been put to a referendum yet, so upon choosing Khamenei the Assembly of Experts internally titled him a temporary office holder until the new constitution became effective. The choice of Khamenei is said to be a political one,[31] but the "political elite" of the Islamic Republic "rallied behind Khamenei" and his status was "elevated overnight" from Hojjat ol-Islam to Ayatollah.
His status as marja is controversial. In 1994, after the death of Grand Ayatollah Mohammad Ali Araki, the Society of Seminary Teachers of Qom declared Khamenei a new marja. However, four of Iran's dissident grand ayatollahs declined to recognize Khamenei as a marja.[32] Nevertheless, according to narjes.org a cleric only needs acceptance of a few grand ayatollahs to be recognized as marja.[33] Khamenei refused the offer of marja'iyat for Iran, as he explained, due to other heavy responsibilities, but agreed to be the marja for the Shi'as outside of Iran. His acceptance of marja'iyat for Shi'as outside Iran does not have traditional precedence in Shi'ism. Marja'iyat can be, and in modern times it increasingly is, transitional.[31]
Grand Ayatollah Mohammad Shirazi, who was under house-arrest at the time for his opposition to Grand Ayatollah Ruhollah Khomeini, did not accept Supreme Leader Ayatollah Ali Khamenei as a marja. According to "Human Rights in Iran" (2001) by Pace University's Reza Afshari, Shirazi was "indignant" over recognition of Khamenei as the Supreme Leader and a marja. Shirazi (who died in late 2001) apparently favored a committee of Grand Ayatollahs to lead the country. Other marjas who questioned the legitimacy of Khamenei's marja'yat were dissident clerics: Grand Ayatollah Hossein-Ali Montazeri, Grand Ayatollah Hassan Tabatabai-Qomi and Grand Ayatollah Yasubedin Rastegari.[32]