23 /دی/ 1371

Statements of the Supreme Leader in Meeting with Judges and Judiciary Members

23 min read4,404 words

In the Name of God, the Most Gracious, the Most Merciful

Firstly, I extend a warm welcome to the esteemed gentlemen, dear brothers, and officials of one of the most fundamental issues of the country and the people's affairs, which is of great concern to the sacred Islamic law. Secondly, I say 'well done' to each of you dear brothers and officials; because even from afar, it is evident that your work is heavy and your responsibility is great, and truly, strong faith, iron will, and sincerity are required to accomplish all this work and carry all this burden to its destination.

It is good to use the opportunity of these blessed days of the month of Rajab to focus on the necessity of effort at every stage we are in and in whatever work we are engaged. As can be deduced from the supplications of the month of Rajab, I believe that this month is a prelude to the month of Sha'ban and then the month of Ramadan, and that these three months are an opportunity for self-building throughout the year and for securing the necessary reserves and energy for the great movement of life and destiny. 'O Allah, guide me with the guidance of the guided, and grant me the diligence of the diligent.' As we read in this month, the supplicant asks God Almighty through these supplications to shine the light of guidance upon him; to teach him effort and diligence and grant him success - 'and do not make me among the heedless and distant.' - and to warn him against heedlessness. Or in another supplication of this month, we read: 'O Allah, I ask You for the patience of the grateful, the deeds of the fearful, and the certainty of the worshippers.' These are the wings with which a person can fly. The patience of the grateful, the effort and deeds of the fearful, and the certainty of the worshippers are qualities that we both ask from God in this month and learn from these supplications that we must cultivate in ourselves during this month.

Perhaps in the month of Sha'ban, with the reserves we have taken from this month, we can recite that heartfelt and profound supplication with true sincerity - not just recite its words - and truly speak to God from the heart with the language of that supplication, and if, God willing, all this is provided, we will be ready to enter the divine banquet in the month of Ramadan and, at the peak of that month, be worthy of entering Laylat al-Qadr.

You dear brothers are among the best who can benefit from this divine banquet spread in the months of Rajab, Sha'ban, and Ramadan. The reason is that in this field, the one who strives more; the one who stores more purity and sincerity for himself and the one who offers more work in exchange for less reward, is closer and more successful. He becomes more of a place for the reflection of divine lights. The judicial element and the man of the judiciary can be like this. The emphasis in the narrations - as Mr. Yazdi pointed out - about the judge and the warning against judging, especially judging without knowledge - or God forbid, accompanied by some negative issues - is not to prevent people from pursuing judgment and becoming judges or to scare them away from judgment. This is like the narrations in the matter of fatwa which say 'The most daring among you in issuing fatwas is the most daring among you in the fire;' meaning he exposes himself to the fire more. This signifies the greatness of the status of the jurists in religion. This is the valuation of their work. In the divine scale, the more dangerous the work, the higher and more superior its value. Judgment is the same. The saying 'A man judges with truth while he does not know, he is in the fire,' let alone the one who 'judges with falsehood while he does not know,' and let alone the one who 'judges with falsehood while he knows;' why is this? It is so that the judge knows how important the burden he has taken on is; how vital it is and how much he must take firm steps and place them in a solid place in carrying this burden and avoid any negligence, carelessness, and shortcoming so that this burden reaches its destination safely. It is obvious that all this emphasis is not for a small task. Thus, this shows us the importance of judgment.

In the Islamic system, judgment is a special issue that differs from any other work. In other judicial systems, these points or some of these points that are in Islamic judgment have not been considered. The nature of judgment is that it deals with individual work - not large-scale work - meaning it deals with individual work and claims. It is obvious that among the people, disputes have significant profits and losses, and those who are applicants and plaintiffs or defendants, sometimes for them the issue is a matter of life and death, or around these. Therefore, it is obvious that for people to succeed in this difficult test, they resort to any action and use threats, temptations, and various methods to tip the scale in their favor. Who is the target of all this effort and trickery? Here, the issue is the issue of the person; the person of the judge. The law here is less important than the person. Unlike other cases, where the law either has more importance or equivalent importance, here, in the first degree, it is the person who is the decision-maker and in the second degree, it is the system and the apparatus in which this person lives. The organization of Islamic judgment is based on these two points: correcting the individual and correcting the judicial system. This is above all else. Therefore, they have chosen the individual as just. The judge must be just. Just means someone who cannot deliberately commit a sin. If out of negligence, out of mistake - in the form of minor sins - sometimes a violation is issued from him, this is another assumption. This is different from someone for whom violation and sin are easy tasks and can go towards sin. The just person does not do this. Such a person has been told to be a judge. This is an important point. This shows the importance of the field of judgment. Now, for this just judge himself, who may also make mistakes in some cases, in Islam there are supervisory systems and precision in the work of judgment. In the Islamic Republic, you also observe that according to the laws, there are methods and apparatuses to monitor the judge. I want to say: for the judicial apparatus to remain healthy, pure, and purified and to be a source of pride for Islam in the eyes of foreigners, the monitoring apparatuses must act with intensity and without leniency. In the Islamic Republic, this point is important: it must be acted upon without leniency. More precision and consideration must be exercised towards the judge than the ordinary person in the street; even more than government employees. Although government employees are also the trustees of the people and great precision must be exercised towards them as well, the story of the judge is a special and different story. This is one point.

The next point I want to make is that if we have apparatuses in the Islamic Republic for whose organization and laws we use the experiences or tools of others, our judicial apparatus is one that we can claim we are self-sufficient in and do not need others. This apparatus does not need imports. The law of this apparatus is the law of the sacred Sharia. The elements of this apparatus must be those who are knowledgeable about Islamic rights and judgment; which, thanks be to God, are abundant in our country. Therefore, fortunately, in the judicial apparatus, we do not lack prominent elements and knowledgeable personalities who are aware and knowledgeable about religious rulings and Islamic Sharia issues. In the Islamic Republic, the effort of this apparatus must be to reach the peak and the highest level. Why are we pursuing the highest level? Because a nation has the right to pursue the highest level in all matters; rather, to move and ensure movement, it must pursue the highest level to be able to move and reach somewhere. If in all other sectors, the highest level is an imagination or a distant wish or in any case difficult, in the judicial apparatus it must be imagined in such a way that we can quickly access it. We must assume it this way. What is the highest level in the judicial apparatus? The highest level in the judicial apparatus is that people in society feel that the judicial apparatus is a refuge for the oppressed. This is the highest level. If we can bring ourselves to a point where in society, anyone who feels wronged, a light shines in his heart that 'if I refer to the judicial apparatus, I will retrieve my right'; if such a light exists in the heart of every oppressed and deprived of rights, the judicial apparatus is complete. This is the expansion of justice. This is the prevention of crime.

Crime prevention may not even mean in the constitution that the judicial apparatus must create tools - or create a subsidiary apparatus - to go and prevent crime. It is not clear that it means this. Of course, its interpretation is with specific individuals and a specific apparatus. One imagines it this way. However, crime prevention is the same as the implementation of justice. 'And there is life for you in retribution, O people of understanding.' If you retaliate, murder does not occur. If justice is implemented precisely, oppression does not occur in society. If the criminal is pursued as he deserves and the truth and justice are applied to him, no one will tend towards crime. This is a natural matter. The expansion of justice is this. Crime prevention is also this. These are the goals and aspirations and ends of the judiciary, and these ends are realized with the same judicial work that you do, and nothing else is needed. Therefore, the subject of judgment means the same judging, realizing the truth, and making the heart of the oppressed happy. This is judgment; which kindles the light of hope in the hearts of the people. If someone repeatedly, for example, refers to me, in the first instances he comes with more hope and if he does not see a response and reaction, gradually this hope will diminish. On the tenth occasion, if an incident occurs to him, he will say 'Why should I refer to so-and-so? It is of no use!' The light of hope dies in him. This is the beginning of the calamity. We must not let the light of hope in the hearts of the people towards the great Islamic justice apparatus, which is the manifestation of the judiciary, be extinguished. This also depends on executing justice at any cost. Therefore, we can wish for this as a practical aspiration, as something that is not out of our reach, and strive for it and ask God that 'and grant me the diligence of the diligent.' In this way, we can shape the judiciary in this way.

The judiciary, in the true sense of the word, must be a refuge and shelter for those who are oppressed in society. Deal with the oppression of anyone, at any level and in any rank. Whoever the oppressor is, in any rank or degree, he must be dealt with. The oppressor must be dealt with. Islamic judgment is the judgment that Amir al-Mu'minin (peace be upon him) applied to Hassan ibn Thabit. 'Hassan' defended Amir al-Mu'minin with his poetry and language. They said to Amir al-Mu'minin: 'He is one of your friends. He is part of your group. He has recited poetry in defense of you; he is part of your group. Now, if he has committed a wrongdoing in Ramadan - which of course his action was not oppression to anyone, but oppression to himself - overlook it!' Amir al-Mu'minin said: 'I do not suspend the divine limit!' and applied the limit on him. A group of malicious people who are always in every society and are waiting to see who are the wounded of the Islamic government and the Islamic justice apparatus to go to them, surround them and make their hearts opposed to the Islamic justice apparatus and the Islamic government, were also there at that time who surrounded 'Hassan' and said: 'Did you see how Ali ibn Abi Talib was ungrateful to you, who had served so much and worked so hard!' They inflamed him and sent him to the apparatus of Muawiyah and then he began to speak and recite poetry against the Alawi apparatus! We also had such people from the beginning of the revolution who were 'with the Islamic apparatus' but became 'against the Islamic apparatus.' Why? Because of justice! This is our pride that someone becomes bad with us because of our justice. 'Amir al-Mu'minin was killed in the mihrab of his worship for the intensity of his justice.' It is an honor if we can reach this state. Disgrace and humiliation are where, God forbid, someone becomes bad with us because of our injustice. This is something that one cannot escape from the disgrace and humiliation of it in this world and the hereafter. But that they become bad with us because 'why did you apply the limit? Why did you remove the unworthy from his work? Why did you give importance to the worthy according to his worthiness? Why did you not overlook the violation of anyone, even your close ones and great ones?' This becoming bad is a source of pride. This is not bad. And this becomes the judicial apparatus that will light the light of hope in the hearts. When they see that this judicial apparatus does not recognize friends and relatives and close and distant; it recognizes right and wrong; it elevates the right and suppresses the wrong, everyone gains hope. This is the ideal perfection of the judiciary.

In reality, in the Islamic society, the judiciary has these two duties: implementing divine limits, establishing justice. It is obvious that the establishment of justice that the judiciary does is through judgment; otherwise, the country's economic apparatus is also obliged to establish justice; the political apparatus is also the same; all apparatuses are also the same. This apparatus can make everywhere healthy through judgment. I once said: if the judicial apparatus is healthy, other apparatuses will tend towards health; because if they are corrupt, they will have to deal with the judicial apparatus. A healthy judicial apparatus also makes the government healthy. It also makes the people healthy. It turns bad conditions into good conditions and changes them. But God forbid, if the judicial apparatus is unhealthy, other apparatuses will tend towards lack of health. Although some may remain healthy in corners, the nature of the matters will be different.

Another point I want to make is that in the judicial apparatus of the Islamic Republic, there must be a confirmed view and a special attention towards the weak. There is no doubt that in front of the scale of justice, everyone is equal; but the weak often - or in many times - do not have access to the scale holder of justice and do not have an eloquent tongue. There is a great distance between that law-breaking offender who knows the twists and turns of the law; understands where to enter, where to speed up, where to slow down, where to smile, where to frown, how to behave with everyone, where to sign and where to sign so as not to get caught; and that weak person who does not know these twists and turns. There is a difference between the one who has the ability to hire a skilled lawyer to smooth all the roads for him, and the one who does not have such ability. These are not equal. Yes; where it is a matter of weighing the right word and the wrong word, everyone is equal. If a thief places a ladder on the wall of someone's house, you do not look at whose house it is. Whoever's house it is, you will pursue the thief. There is no doubt about this. But necessarily, there is a difference in the consideration that the responsible and judicial reference must have towards the weak person:

When you see a handleless jug, lift it with both hands

Do not lightly take the man without means and resources

Therefore, attention must be paid. Most of the faithful and Hezbollah elements and those who stood in the front lines of defending the Islamic Republic are among the second category. How many good and faithful and Hezbollah youths have been caught in an incident and even sometimes some judicial officials admit and say 'We know that he is innocent, but our hands are tied! The legal process! The other side was clever and moved in such a way that nothing can be done in favor of this oppressed.' This is where the use of knowledge is.

I am not an advocate of using the judge's knowledge. Not that I want to raise a doubt from the aspects of religious validity and discuss a scientific issue; no. It has been claimed that this is among the characteristics of the Imamiyyah and the validity of knowledge. No one doubts this. We do not want to discuss a scientific issue. But my taste is that the judge in judgment, as much as possible, uses his knowledge less and looks at this evidence and faith and legal ways to determine justice. Use knowledge less; because many times, a person makes mistakes in knowledge. Sometimes a person imagines an absolute suspicion and ignorance, which is also irreversible. Cases are brought to me; things that cannot be found with knowledge. I see the judge has ruled based on knowledge. Many of the limits of crimes that even have the punishment of execution, one looks and sees the judge has found knowledge! How is it possible to find knowledge in this matter in the usual way?! But the judge has found knowledge and his work is also valid. It is a proof for himself and a proof for others. However, we must often try to use the judge's knowledge less in various cases. But where one sees the appearances of the matter are arranged in such a way that it leads to the condemnation of the weak; here is the place to use the judge's knowledge. The judicial apparatus must have the color of supporting the oppressed; just as in different periods and in different countries, judicial apparatuses had different colors. These Europeans who so much pretend to the independence of their judicial apparatus, in the films they have made themselves and are shown in our cinemas and screens, they recount the judicial process in European countries and everything shows that the judge does not act according to the truth. Unless someone is unaware of what has happened there and over time, but we are aware of what has happened and what is happening now. Despite their pretensions, you see European history is full of stories and cases that show that in long periods of time, the main duty of the judicial apparatus in many countries or all European and Western countries was to support the aristocratic class and had an aristocratic color. They overlooked the great crimes of the aristocrats and severely prosecuted the small crimes of the people. The color of our judicial apparatus must be the opposite of this. The powerful have power; but it is the weak who must be given double consideration. Someone who has shown that he is willing to sacrifice for God and is now caught in a judicial incident and cannot properly express his rightness - let alone prove it - must be helped; he must be given double attention; he must be reached, so that if he is right, it becomes clear and if he is not right, then nothing. If he is false and not right, he must be dealt with according to law and justice; but we must be careful that the right is not lost and justice is not trampled and forgotten. This will be among the honors of the Islamic Republic system. Let it not be that somewhere, the matter is reversed!

In the early years of the revolution, the legal apparatuses that the revolution had created went to the villages and distributed lands that their owners had abandoned for many years and fled at the time of the revolution's victory among the people. At that time, no documents were given to the villagers and now the landowner, the claimant, has come and presents the document and the deed from fifty or a hundred years ago from the era of the tyrant. What is the duty of the court here and what should it do? I say this to the judicial apparatus and it is not just a recommendation. I ask the judicial apparatus not to let those who are the wounded and enemies of the revolution - and today if they get the slightest opportunity, they will use that opportunity to strike the revolution - come and want to unravel the weavings of the revolution. This is the color of the Islamic system and judgment.

Thanks be to God, there are many devout, brave, revolutionary, and faithful judges in our judicial apparatus; and I also confirm this. Not only the judges who came after the revolution have such characteristics, but even before the revolution, we knew honorable judges with moral courage and integrity. I myself knew such people closely and from afar who were in the same judicial apparatus; and this was while the judicial apparatus of the tyrant era was managed with wrong policies and ugly and unjust management. Those who laid the first foundations of Iran's judiciary and those who laid the foundations of the Pahlavi tyrannical power reached their recompense; 'Whoever helps an oppressor, God will make him dominate over him.' They made the judicial apparatus in the service of the Pahlavi monarchy and in service to the malicious and oppressive goals of Reza Khan.

In Reza Khan's apparatus and in a country where Reza Khan is at the head of society, does justice have meaning and concept? That was their judicial apparatus; that was their political apparatus; that was their intelligence and security apparatus! It did not mean that judgment was fair at that time! The same programs and the same methods were in this country until the end of the Pahlavi era. But despite that malicious and corrupt management, there were faithful, just, and brave judges, some of whom have passed away, some may have retired, some are still, thanks be to God, present in the judicial apparatus, and some joined this apparatus after the revolution.

Our judicial apparatus is one that does not lack worthy people. There are many good people in this apparatus. The law is also, thanks be to God, present. The leadership of this apparatus today, by God's grace, is a worthy leadership; which one feels that God's satisfaction is in this. A virtuous, prominent, ijtihad-qualified, revolution-struggled, beaten by the apparatus of oppression, and thirsty and lover of justice is at the head of this apparatus. We lack nothing. Today is the day when the judiciary of the Islamic Republic must be a justice apparatus in the true and real sense of the word. We must not let any delay occur. Within this apparatus, violation must be considered very great. Violation within the judicial apparatus, in my belief, is a double violation. 'Like a ship that sinks and its people sink.' If the judge himself, God forbid, is such, he will slip and make others slip. This is different from someone who slips alone. These are different. Among the things that should be considered in the judicial apparatus is that we must revive Islamic concepts in a worthy manner. Today, liars in the world have raised the flags of human rights and the world's deceivers have hidden under these flags and slogans. Human rights are realized under the shadow of Islamic justice and Islamic rulings; and in the judicial apparatus, human rights must be carefully - not with the false criteria and standards that the West presents today; but with Islamic criteria - fully observed. It is possible that in the corners of our society, by the people or by the apparatuses, cases that are truly recognized by Islam as human rights are violated. The defense of human rights must be carried out by the judiciary. Islam even recognizes rights for criminals. No one has the right to insult a person who is to be executed. Why insult? His punishment is execution. Insult is extra; insult is oppression; insult is a violation of his right and must be prevented. This is the way to deal with the executed person; let alone the prisoner; let alone the accused under investigation; let alone the one about whom even the accusation is not clear and proven and only a suspicion exists about him! The rights of humans and the right that God Almighty has determined for every human being must be fully observed for all individuals and in all cases.

We hope that God Almighty grants you success to perform these duties; as, thanks be to God, many steps have been taken so far. We hope that the country's officials and government apparatuses and the Islamic Consultative Assembly, God willing, succeed in fulfilling their duties towards this power - in terms of support and solving material problems - to the extent that is within their capacity. We hope that your efforts will be appreciated by the Guardian of the Age, may our souls be sacrificed for him, and may God hasten his reappearance.

Peace be upon you and God's mercy and blessings