What Happens to Khamenei’s Nuclear Fatwa After His Death?

Iranwire – In the political environment of the Islamic Republic – and among those who advocate Islamic governance – the question now being asked is: what has become of Ali Khamenei’s nuclear fatwa after his death?

A letter attributed to Mojtaba Khamenei, the son of the slain leader and now the third leader of the government, was published five days after his appointment by the Assembly of Experts. Notably, the letter made no reference to the nuclear file or Iran’s nuclear program. This omission is striking, considering that these issues lie at the heart of the current war, the death of Khamenei the father, and the rise of Khamenei the son to leadership.

The Islamic Republic’s most consequential policy decision – the pursuit and continuation of a controversial nuclear program – was completely absent from Mojtaba Khamenei’s message. He also avoided mentioning his father’s well-known fatwa banning the production and use of weapons of mass destruction (WMDs), neither reaffirming it nor rejecting it as outdated. For more than two decades, Iranian officials repeatedly insisted that the country’s nuclear program was peaceful, pointing to Khamenei’s nuclear fatwa as their central justification.

The Status of a Fatwa in Shia Jurisprudence

In Shia jurisprudence, a fatwa – the legal opinion issued by a Marja’ al-Taqlid (Source of Emulation) on a religious matter – is usually tied to the life of the Marja’. As long as the Marja’ remains alive, his followers (muqallidin) are expected to follow his rulings.

After the death of a Marja’, many Shia scholars hold that those who were already following him may continue doing so (baqa alal-taqlid). However, someone who was not previously his follower cannot begin following him after his death.

In other words, while a fatwa does not automatically become “void” when the Marja’ dies, the authority (marjaiyat) behind it ends. Those who previously followed him may still act according to his rulings, but new followers cannot choose him as their religious authority. Shia scholars also emphasize that living Marjas are able to address emerging contemporary issues (masail al-mustahdatha), which is why emulating a living Marja’ is generally recommended.

Ali Khamenei himself once addressed a similar question. Responding to a religious inquiry (istifta) about whether a follower of Ruhollah Khomeini could continue following him after his death, Khamenei ruled that “referring from a living, qualified Mujtahid to a deceased Mujtahid is not permissible based on obligatory precaution.” In other words, believers should follow a living Marja’.

Ali Sistani, one of the most prominent living Shia authorities, has expressed a similar view. He believes that beginning to follow a deceased Marja’ is not permissible, though continuing to follow one whom you had already followed during his lifetime may be allowed with the approval of a living authority.

Put simply, according to the consensus among Shia jurists, emulation of Khamenei should ideally end with his death. However, Khamenei was not only a religious authority – he also served as the Wali al-Faqih (Guardian Jurist) under the Constitution of the Islamic Republic. This raises an important question: within the framework of Velayat-e Faqih, when a Guardian Jurist dies, should his rulings automatically remain in force?

Fatwa vs. Governmental Decree

Within the theory of Velayat-e Faqih, a distinction exists between a fatwa, a religious legal opinion, and a governmental decree (hukm-e hukumati), which is an order issued by the jurist in his role as the leader of the state. The status of these two types of rulings after the leader’s death is not the same.

A fatwa is tied to the authority of the religious jurist, and its continuation depends on individual emulation. Since the authority of the Marja’ ends with his death, the fatwa itself does not necessarily retain binding force. A governmental decree, however, operates differently: it generally remains in effect until it is modified or revoked by the next leader.

During Ali Khamenei’s lifetime, Iranian officials repeatedly insisted that the ban on nuclear weapons was a religious ruling and a fatwa. It was never formally issued as a governmental decree.

Consequently, Ali Khamenei’s fatwa prohibiting the production, stockpiling, and use of weapons of mass destruction – including nuclear weapons –  no longer binds those who choose not to emulate him. Moreover, because the ruling was never defined as a governmental decree, state institutions are not necessarily required – either religiously or legally – to continue observing it from a jurisprudential standpoint.