Mousavi Tabrizi : “Imam’s Eight Articled Directive Is a Viable Solution for All Time.”
On December 13th 1982, Imam Khomeini issued a command to the authorities, which is known as the Eight Articled Directive. This command could be considered as one the most important messages of Imam Khomeini, and maybe in the field of civil rights it was among Imam’s most effective commands. It seems that after nearly passing thirty years from the issuing of this historical command, re-studying this command is more needed than ever. At the anniversary of this command we talked with Hojatoleslam Hossein Mousavi Tabrizi. Mousavi Tabrizi was the Attorney General of the revolution during Imam Khomeini’s leadership and is the Secretary of the Assembly of Qom Seminary Teachers and Researchers. You will find his interview with Jamaran news agency below:
Why did Imam Khomeini issue that command?
When Imam issued the Eight Articled Directive, almost four years had passed from the revolution and the parliament had been formed in 1979, but afterwards there were some problems for choosing the prime minister and some problems referring to the war and the MKO’s inside Iran. All the authorities in the Islamic republic from the parliament to the judiciary system and the government and also by the cause of the various terrors through the judiciary system, made everyone to reach to this conclusion that reforms needed among the old laws and the laws which were referred to the parliament needed more time to be studied and approved. This delay in approving the laws caused some organizations such as those days committees and the IRGC to do some fast and opposite acts. For example a court would have issued a sentence and another court issued an opposite sentence about the same case. These issues made some problems among the society and the major cause of these problems was the lack of complete laws accepted by the Revolutionary Forces.
On the other hand about government employees, some clearings were being made among the employees that somehow were related to the previous regime, and at times these clearing were only approved at the government's board and they weren’t a law. At times some acts were performed that were even harsher than the government and the Cultural Revolution council’s regulation and oppressions were made towards some people. At the time which Imam issued his Eight Articled Directive, most of the important and acute, terrors and explosions by the MKO were finished and solved, and also though the war wasn’t finished yet but Khorramshahr was freed and victories were made one after another and Iran’s situation in the war was getting more settled as Saddam’s situation was getting more unstable. Such a time, was a great moment for Imam to bring a shock to the judiciary system, government and parliament so they would start to construct the base and inner parts of the country.
Imam Khomeini emphasizes on protecting people’s privacy in this command, why does he do that?
What is certain, Imam was a Faqih (One who has a deep understanding of Islamic jurisprudence) and a Marja’ before being a leader and even among the Faqihs in Qom he was known for more piety. Piety of Imam attracted the scholars more than anyone else. Imam had more points than other Faqihs and this point was respect to civil rights.
Imam Khomeini, in this message emphasizes on respecting civil rights, because both in the constitution and the Islamic Shariah, protecting the safety and dignity of people is stressed.
In this letter Imam Khomeini clearly states that: “No one has the right to summon or arrest a person, though it would only be for a short time, without the permission of a judge. To arrest or summon one with severity is considered a crime and is entitled to legal chastising.” And in the fifth article it is mentioned: “No one has the right to manipulation or confiscated ones movable and immovable property or ones rights, unless by the approval of the Islamic leader and after a scrutiny and the proof of the act based on religion.”, any way from 1953 that Imam became an Islamic leader (Marja) until his demise he and his family emphasized on this issue. Therefor if a leader like Imam Khomeini hears that civil right has been violated he would get extremely concerned about it.
Imam is mostly talking to the judiciary system in his message. What is the position of the judiciary system in Islam?
In Islam, the principle of governing is judging. You know that in the previous governments, the major issue was judging and all the governors and other people would obey the judge. A judge plays the most important role in governing and bringing safety in a country. Therefor Imam Ali tells Malik al-Ashtar: “Select the best of people for judging.” The reason of this recommendation is because a correct judging would lead the society towards feeling safe and the best developments will appear when people could be in calmness and don’t feel any harassment towards their civil rights. In a society which people are concerned about their safety there will be no improvements. But Imam is concerned because of a few issues at that time. At the beginning of the revolution the systems had been changed. For example the judiciary system and the courts were almost paralyzed and weren’t able to fulfill their duties and so there was a need for establishing some institutions in the society, institutions such as the IRGC, Basij, the Revolution’s Committee, Revolutionary Courts and … . These institutions were directly working with people and unfortunately there wasn’t a perfect harmony between them, for example the Revolution’s Committee was involving in people’s issues. The lack of this harmony caused some problems. The Revolution’s Committee arrested people arbitrary and in times they didn’t even inform the judiciary for a week. At times there were some problems in the way that they entered people’s houses and …, and when the reports about them were heard by Imam he couldn’t stand them at all. Even in the courts, some of them were radical while other were neglect. So firstly the judiciary system needed some regulations to walk in that path and secondly have a full observation on their execution wings.
Which issues needed more studying at that time?
One of the issues which needed to be checked was cleaning the previous regime’s affiliates. In this name in each minister and department, the people who were working there were examined based on their personality and at times an employee was fired because of participating in a pretest. These kind of issues hurt Imam. So in a situation that we were still in a war, Imam handled these issues and delivered his command to the judiciary system because if the judiciary system would be reformed and regulated and executed its regulations with power, indeed it would have effects on other forces and that’s why Imam emphasized on the judiciary system more.
What place does Imam’s Eight Articled Directive have now in the judiciary system?
Imam’s word won’t lose its position and in any time. There is something about Malik al-Ashtar’s treaty that after hundreds of years in the United Nations the representatives of various countries wrote people’s fundamental rights, as Imam Ali had wrote in Malik al-Ashtar’s treaty all by him.
All the sayings of Imam Khomeini are based on the Quran, Nahj al-Balagha and the way of Imam’s livings and they are all among people’s fundamental rights and today in the world everyone believes in civil rights. Imam Khomeini’s word is a solution for all times, especially today. If today in the society there is a kind of gap between people and the authorities it's because we are lacking a complete jurisprudence system in our society. People don’t have a jurisprudence system to walk on its path. I believe that Imam Khomeini’s Eight Articled Directive should be more noticed today even more than 1982 which it was issued.