They Ask You about the Waliy (Guardian)
الناشر: دار السراج للثقلفة والنشر
تاريخ الإصدار: 2018-03
Sheikh Akram Barakat, PhD.
الناشر: دار السراج للثقلفة والنشر
تاريخ الإصدار: 2018-03
Sheikh Akram Barakat, PhD.
In the name of Allah The Most Gracious, the Most Merciful
combining both its state and religion as a foundation coupled with the motivated nation in the circle of religious tolerance.
What is the meaning
The meaning of al-Faqih (Jurist)
The meaning of Wilayat al Faqih (guardianship of the jurist)
there is a question: who decides these issues in light of the Islamic Law?
The Shiite scholars said that the closest or most entitled person upon whom such a burden of providential responsibility should be placed is the Faqih; he is the provident one whose providential jurisdiction goes under the expression «Wilayat al Faqih».
command him to provide her with her needs, giving him a period to comply. If he does not comply with his orders, the Faqih commands him to divorce her. Should the husband decline, the Faqih can perform a special jurisdiction and thus divorce her without referring to the husband. This providential jurisdiction goes under the expression «Wilayat al Faqih». The Faqih is the owner of the guardianship extracted from Islam regarding solutions for these kinds of disputes.
Therefore, who is the authorized person who can provide the legitimate warrant in light of his reading of the Islamic legislation that initially forbids coercing man to sell his property?
At this point, the believers would focus on the Faqih who looks into the case in light of the Islamic Shari’ah and the nation’s interest in order to decide the legitimacy and issue a verdict that forbids selling lands to the Jews in this or that country.
occupation. Therefore, who addresses these details and developments based on the legal viewpoint?
defiles their dignities, and denies them their rights, shouldn’t the people focus on the Faqih as being the owner of the legitimate jurisdiction in order to guide the believers towards their righteousness? We call this jurisdiction «Wilayat al Faqih».
9. Confronting the tyrant ruler.
and hence reaching the diagnosis that best benefit the society regarding the general causes in light of which he reaches his verdict.
endowment, and justice).
The first is the special wilayah established regarding the agreeable issues that we pointed out previously.
What is the evidence
categories of evidence regarding the general leadership of the jurist:
reporting the same content of the reasonable evidence, this religious script acts as a guide for the mind in reaching conclusiveness. Why? When the mind reaches such conclusiveness based on a certain rule, Allah the Exalted does not find it necessary to interfere in order to demonstrate such a rule. Once the religious script sheds evidential light upon it, it becomes a guide towards that reasonable evidence. Therefore, the rank of the reasonable evidence advances the rank of the evidence of the religious script.
First prelude: Islam is the religion of a government.
«The fifth (al-Khoums) is a huge income that brings into Bayt al-Mal (The treasury)(1) huge funds forming the greater share of the treasury. The fifth (al-Khoums), based on our section, is taken from all gains, benefits and profits, whether this is agriculture, trade, industry or other businesses. In addition, the grocer contributes to paying the fifth if his profit exceeds his annual provision, which harmonizes with the teachings of the religion regarding the way of expenditure and outlays. Other people who contribute are the businessperson, the jeweler, the taxi driver, the captain of the ship, and the pilot… They all and others must pay the fifth of the excess funds from profits to the Imam (pbuh) or his trustee to be placed in Bayt al-Mal.
enormous funds are not designed to provide the needs of a Sayyid (a poor descendent from the Prophet (pbuh&hh)) or a student of religion. Instead, they are designed for a much greater and wider issue. They are designed to provide the needs of a nation as a whole. Once the Islamic state is established, in order to manage its affairs, it must seek help from the funds of Khoums, Zakat, Jizya (capitation), and Khuraj (property tax).
II- Defense Laws
These previous three examples clarify the axiomatic words of the first prelude pertaining to the evidence of Wilayat al Faqih, which is:
of a perpetual nature. Islam cannot be limited by time or place because it is perpetual. Hence, its implementation and execution as well as embracement were a case of perpetuity. The fact that Halal Muhammad is Halal until the Day of Judgment and his Haram is Haram until the Day of Judgment renders the following issues impermissible: The deactivation of the laws of Islam, neglecting its teachings, abandoning its punishment, ceasing from collecting its financial taxes, ignoring defense for the sake of the Muslim nation and its territories, and believing that Islam came for only a limited period or for a limited place. This behavior contradicts with the necessities of the Islamic dogmas. The fact that the implementation of the laws after the Noblest Prophet (pbuh&hh) was of a perpetual nature and a necessity of life that brings the necessity for the existence of a government that possesses the features of an executive and prudent authority».(1)
I. Efficiency pertaining to the government’s need of administration and other similarities.
and this issue is obvious. Otherwise, the first and second preludes would be meaningless.
In his book, Kitab al-Bay’ [the book of trade], he said, «… Wilayat al Faqih - after viewing all the aspects of the case - is not a theoretical issue that requires proof».(1)
For example, we say that the universe is variable and every variable is an occurrence, hence, the universe is an occurrence.
of the following two preludes begins (the ruler as being a Jurist … and that the society must obey him regarding his judgment), they both are also self-evident.
Allah’s messenger (pbuh&hh). In other words, leaving the community without appointing a comprehensively recognized organizer would lead to disorder in the community system. Therefore, Allah the Exalted and Wise had to intervene by pointing out the ruler that must succeed the Noblest Prophet (pbuh&hh). This is exactly what happened when Imam Ali (pbuh) was appointed as a trustee to succeed Allah’s messenger (pbuh&hh) in addition to the other trustees who succeeded Imam Ali inline: Imam Hassan (pbuh), Imam Hussein (pbuh), and the nine Imams of the children of Hussein (pbuh).
If we want to preserve the method and harmony that are one with respect to the Shiites, the answer remains, «Yes, this is a necessity». This is for the same previous reason, which Imam Khomeini (RIP) expressed when he said:
Third type of evidence: Al-Hisbah(1) (The Accountability)
Based on the previous, a group of experts concluded that the affairs of the government and society are issues which if ignored or defused will not draw the satisfaction of Allah the Exalted. Therefore, they must be addressed. If the issue concerns two contenders, one who is a Faqih [Jurist], and one who is not, the Faqih must be appointed with the task based on two statements:
legitimacy to take the assignment. Therefore, he must be obeyed apart from others.
occultation time, would the permission of the qualified Faqih regarding it be recognized or not?
previous regulatory guideline, which points to their similarities regarding the content…
management to negligence and forfeiture. For these reasons, we find that the general interest of the community necessitates us to appoint a supreme commission that can supervise its entire affairs where its opinions represents our opinion, and its publications represent our publications.
What is the evidence
From these indications, we present the following:
The narrative evidence
ar-Ridha (The book of Ridha). Moreover, Rawandi and others reported it. This issue compensates for the unnamed source in the report of Sheikh as-Saddouq (RIP) in his book Man La Yahdoroho al-Faqih.
governance, continues to maintain the minimum certitude of these».(1)
unprecedented. Instead, they are the treasurers of His knowledge (exalted He is)».(1)
messenger (pbuh&hh) unless he is a Jurist such as al-Kulaini…»(1)
The source of the report
legislation and its rules becomes confusing. This issue also occurred at the times of the Imams (pbut) by people who lived far from the infallible Imam (pbuh), in countries other than his (pbut). The inquirer, who lived at the time of the early occultation of Imam Mahdi (may Allah the Exalted hasten his advent) while keeping contact with his mediators who corresponded with him and asked his legal opinion, did not inquire about the identity of the referee regarding legal opinions because he knew his referee well. Instead, he inquired about the referee that must be sought pertaining to the modern social problems and the developments in the life of people. Therefore, if he finds it difficult to review with him regarding these issues due to his occultation, he inquires about the referee whom he must refer to pertaining to the changes in life and developments of the society plus the occurring events, which cause confusion for him. His inquiry was a general one and did not refer to any party in particular. Hence, the reply was also general, congruent with the inquiry».(1)
(1) AL-KHOMEINI, Ruhullah, al-Hukumah al-Islamiyah (The Islamic Government), p. 81.
2. They are my proof to you and I am the proof of Allah
issue licit? He (pbuh) said, ‘Whosoever seeks their judgment regarding right or wrong, he in fact seeks judgment from a false deity whereas Allah instructed us to disbelieve in it. Allah the Exalted said: ‘How they would go for judgment (in their disputes) to false deities when they have been ordered to abjure them?’(1) I asked what they should do. He said, ‘They should consider someone amongst you, someone who narrated our tradition, studied our licit and illicit issues, and recognized our judgments. Let them accept him as a judge because I made him a ruler for you’…»(2)
tyrant rulers and judges (The illegal authorities) regarding the legal matters. It states that whosoever refers to them is in fact referring to the false deity regarding his judgment whereas Allah the Exalted ordered us to abjure. «The religion instructs us not to accept the judgment of the unjust rulers otherwise one would be taking an illicit gain even if it belonged to him. Hence, the Muslim is forbidden from referring to their court regarding a debt that he seeks from another. Consequently, he would be collecting his debt based on their order and judgment; hence, he does not have permission to have at his disposal that which he has been given. A number of jurists said that even regarding the material issues, one is not permitted to take the owned material – such as the gown – and have it at his disposal if its regain was due to their order and judgment».(1)
described by the Imam (pbuh) as whosoever reports our tradition and understands our licit and illicit issues, and those who reviewed thoroughly their judgments based on their possessed jurisprudential capabilities.
Sadiq (pbuh) as saying, «Allah’s messenger (pbuh&hh) said: ‘whosoever takes a path in which he seeks knowledge Allah will walk him on a path to paradise while the angels lower their wings for the seeker of knowledge as a sign of satisfaction. Moreover, forgiveness is asked for the seeker of knowledge by the beings in heaven, the beings on earth, and even by the whale in the sea. The value of the scholar with respect to the worshiper is like the value of the moon with respect to the stars on the night of a full moon. The scholars are the trustees of the prophets. The prophets did not entrust dinars or dirhams. Instead, they entrusted knowledge. Therefore, whosoever takes from it will find a great fortune».(1)
The requisite of such trusteeship is the passing on of all the knowledge that the prophets possessed to the scholars except that, which was proven non-transferable. The guardianship, in the sense of the political leadership, is transferable, which was why the scholars were entrusted with it. This issue is similar to the expression of the commander of the faithful (pbuh) in his book Nahjul Balagha, «I see my legacy being looted;»(1) his aim in these words refers to the political leadership».
(pbut), Imam Khomeini (RIP) addressed this issue saying, «The criterion used in understanding the reports by adopting their superficial terms refers to the famous tradition and understanding, not to the scientific analysis and laboratorial examinations.
quality and any matter other than knowledge and revelation while placing the scholars in the same stature of theirs pertaining to the judicial traditions and laws is a wrong understanding that contradicts with the custom of the sapient experts».(1)
and say: My nation’s scholars are as the rest of the Prophets before me».(1)
of a restricted jurisdiction and in a form that preserves the society or a form that does not please Allah the Exalted should it be abandoned. On the other hand, we can extract from the traditional and verbal evidence indications concerning a wider jurisdiction of the Faqih over a wider field even though the field of the reasonable evidence remains wide within its social zone.
Is the view of Wilayat al Faqih modern or ancient?
(RIP) who sought refuge in holy Najaf fearing for his personal security. Therefore, was this history the reason behind the non-exposure of Wilayat al Faqih in the scripts of the previous scholars?
It is obvious that no student would be enthusiastic about attending because it is irrelevant to the issues that try the society». He (RIP) added saying: «Wilayat al Faqih has been present at all times and was an issue of trial similarly to the issue of dealing with the slaves and bondmaids at this time».
in order to collect the rights, preserve them, and avoid misuse».(1)
In regards to another paragraph of the book «As-Saraer (The Inner Feelings)» he said, «The decision maker regarding the issues of the Muslims and their governors has the right to appoint someone who can demand the rights of the mentally ill, orphans, and mentally retarded, argue on their behalf and in their favor».(1)
difficult it should be paid to the trusted Faqih of the Imamate Jurists; they have a better knowledge for its expenditure and they are the deputies of the Imam».(1) He (RIP) added, «… The authority here points to the fair Imam or the licensee of the Imam».(2)
He (RIP) said in the book «Muntaha At-Talab (Utmost Desire)», «…and it has been established that the jurists can rule the people and therefore can establish the punishments. The suspension of punishments during the occultation of the Imam results in corruption if they are not established. Hence, this issue has been legitimatized and remains powerful for me».(1)
wa Al-Fawa`ed (The Rules and Benefits)», «…this is because the meeting is necessary for the taxpayers as it is a point of dispute. Therefore, a conclusion must be reached. The solution is the Shari’ah that acquires a ruler, which is the Imam and his deputies».(1)
possesses the jurisprudence qualifications or is renowned as a Mujtahid (learned jurist) in the legal laws, has been deputized by the righteous Imams (pbut) during the occultation period pertaining to all matters requiring intervention by the deputy…»(1)
or his general deputy, should the first two be unreachable. This is the Faqih, which qualifies for the terms of jurisprudence and justice. In fact, he has been assigned as a public governor because the Imam (pbuh) assigned him. The issue does not relate to the personality. Instead, it relates to their saying: ‘… examine the one amongst you who has narrated our speech…»(1)
Hence, a judge appointed by them concerning one person is a judge for the entire public. This will make way for his rules to be valid and he must be assisted to establish the punishments».(1)
At-Tastari (RIP) (1019 A.H.)
and the forbidding of what is wrong; helping one another towards righteousness and piety, ruling the people with justice, establishing punishments and penalties, plus other religious polices that are necessities of the religion.
not in place, the general deputy of the notable scholars must take his place; hence, no one has the right for disposal but by his permission and administration with his facilitated consultation»(1)
proven otherwise by the script or other similar materials».(1)
with the truth that thou mayst judge between mankind by that which Allah showeth thee…»(1)…»(2)
Sheikh Murtada al-Ansari (RIP) (1281 A.H.)
with his governance regarding the disputes by making him an ultimate ruler and authority as well. This issue indicates that his verdict regarding the disputes and facts is part of his ultimate governance and general authority. Hence, it is not specialized for the disputed matters alone».(1)
jurists during the occultation period represents a standard of confidence. It is also an established necessity even if their general deputyship regarding all positions has yet to be proven. The Lawmaker has no desire to see dysfunction of the system and disappearance of the light of Islam. On the other hand, the Lawmaker is interested in preserving and organizing the Islamic countries more than His interest in the other issues of al-Hisbah.
(pbuh). Consequently, his Shiites will not remain confused during the times of occultation».(1)
necessity of an existing politician and leader within the periphery of Islam who can administer the affairs of the Muslims. In fact, this is a necessity of Islam».(1)
Sayyid Muhammad Hussein At-Taba’taba’ei (RIP) (1402 A.H.)
Sheikh Bahjat (RIP) (1430 A.H.)
requires a guardian who can administer all its affairs and dimensions.
Sayyid Ali As-Sistani (May he live long)
In his reply to the following question: What are the limits of the governance of the ruler and the boundaries of its execution regarding those who imitate others? He said, «The instructions of the one established with the guardianship from amongst the jurists apply to everyone regarding al-Hisbah matters. They even apply regarding the public matters upon which rests the system of the Islamic community».(1)
and its extension on the line of guardianship is truly a motivating and sensational concept of wide field and profound depth. On one hand, it forms a sectarian and doctrinal principle for the Shiites».(1)
government in this condition becomes one of the divine significant matters that are presented and required by the Lawmaker. In such hypothesis, no one claimed the irresponsibility of the Faqih and the unnecessity of conducting the divine rules with the existence of the aiding prerequisites.
Why was Wilayat al Faqih alienated?
I. The separation of Islam from the governing system while confining it to the laws of the individual. Whenever they were embarrassed with social legislation, they would say that it is ineffective and this is why Islam’s role is limited to the legislation of the individual alone.
as cause the public to reject the concept of the Islamic government.
3. Wilayat al Faqih in Kitab ar-Ribh (The Book of Gains)
Secondly: He must have the right over execution, but not in the sense of the previously mentioned independence, but in the sense that the acts of others cannot take place but by his permission.(1)
Regarding the second meaning, Sheikh Ansari (RIP) discussed the evidence stated within based on his viewpoint in order to reach the following conclusion:
a. The book of gains has been taught for almost 150 years and its teaching continued in the Islamic schools of higher education until our present day.
present but hanging on the roof to be dried after washing».
Al-Ansari, the Heir of An-Najafi
said to those present, «this is the most expert to succeed me».
Some people explained this weird psychological condition as a reaction of the children of the Hawza after the end of the 1920 revolution, which is deemed as one of the merits of the Iraqis and scholastic schools.
in the jihad. From Kadhimiya, Sayyid Mahdi al-Haidari and Sheikh Mahdi al-Khalisi traveled. From Najaf, Sheikh Muhammad Said al-Habboubi traveled passing on his way the cities of middle Euphrates inciting the crowds, collecting weapons and ammunition and organizing the men in the form of brigades for the fight.(1)
The areas of the revolution, where the main centers of the scholastic Hawza are stationed, received the worst terror from the Englishman. Later, social solitude by the children of the scholastic schools reigned. Their focus centered on the educational aspect away from the general causes of the society.
What are the qualities of the Jurist Guardian?
Jurisprudence regarding the religious script
narration of the tradition, he must be a Faqih (Jurist) in order to be qualified for this feature.
Imam Khomeini (RIP) defines equity in his book at-Taqlid (Imitation). He said, «It is an ingrained gift inspiring an inseparable piety, abandoning wrongdoings and performing duties».(1)
nation over another; the bribed in judgment who will waste the rights and freeze them; the invalidator of the tradition who will cause the nation’s doom».(1)
as saying in his correspondence to the citizens of Kufa, «By my life, the Imam is the scripture-based ruler, the maintainer of justice, the embracer of the true religion, the one who constrains himself [his desires] while observing Allah».(1)
2. Imam Rida (pbuh) was quoted as saying, «The Imam is an expert who lacks ignorance, is pious and not punitive ((1)) … mature with knowledge, possesses solid patience, is responsible regarding the Imamate, an expert in politics…»(2)
A number of narrations inform us that the guardian must be the best amongst them. Here we present some of these narrations:
hath increased him abundantly in wisdom and stature».(1) And said, «Bring me a scripture before this (Scripture), or some vestige of knowledge (in support of what ye say)».(2)(3)
5. After being asked for his pledge of allegiance in favor of Abu Bakr, the commander of the faithful (pbuh) was quoted as saying, «I have the greatest claim on Allah’s messenger (pbuh&hh), be he dead or alive; and I am his successor, minister, and the trustee of his secret and knowledge.
We notice from this story, that in order to select the best, one must refer to the tradition of the intellectuals. Hence, the narration acts as a source of guidance.
In view of the previous explanation, one’s personal confidence given to a certain Mujtahid (learned jurist) rendering him the best Faqih (jurist) to be regarded as the Jurist Guardian requires additional argument added to the fact that individual confidence does not suffice. Instead, a qualitative confidence must ensue. This requires a large number of people of merits and expertise who maintain that he is the best and most competent amongst the Jurists for the position of al Waliy al Faqih.
What is the difference between the Imam (pbuh) and Wilayat al Faqih?
as we stated in the previously mentioned book represents one of the particularities of Prophet Muhammad (pbuh&hh) whereas the role of the Imams (pbut) resides in safekeeping and explaining this Shari’ah. In order to secure it [from all kinds of distortion], this issue is being achieved not through their special understanding and extraction of its judgments or through their jurisprudence regarding its indications, but is an actual task of their own, which provides them with the ability to preserve its originality. They inherited this role in accordance with the following pattern: Imam Ali (pbuh) from Prophet Muhammad (pbuh&hh) plus the leading progeny of Imam Ali (pbuh), one Imam after another.
the religious authority regarding the Shari’ah. Instead, he exerts efforts with a quest to reach the true doctrine. The understanding and extraction of judgments represent his conclusion based on his comprehensiveness coupled with the fact that he is not infallible while acquiring the truth.
Hukumah al-Islamiyah (The Islamic Government), Imam Khomeini (RIP) said, «No one should picture that the competency of the jurist for the guardianship qualifies him to be in the same rank of the prophecy or the rank of the Imams (pbut).
is known only to Allah(1). Gabriel said, as accounted by the narrations on al-Me’raj (The Prophet’s ascension with Gabriel to the seven heavens): ‘Had I advanced another fingertip in length I would have been incinerated(2). They (pbut) were also quoted as saying, ‘We have a special affiliation with Allah that no favored angel or sent Prophet can tolerate’(3). A similar stature was granted to [The prophet’s daughter] Fatima az-Zahraa (pbuh)(4), but not in the sense that renders her a successor, leader or judge.
(1) AS-SAFFAR, Muhammad, Bas’aer Ad-Darajat (Insights on Grades), publishing edition unknown, Tehran, Manshourat al-A’lami (publishing house), 1404 AH, vol. 1, p. 20, section 10. AL-MAJLISI, Muhammad Baqir, Bihar al-Anwar (Oceans of Light), vol. 25, p. 130.
(2) AL-MAJLISI, Muhammad Baqir, Bihar al-Anwar (Oceans of Light), (The section of establishing the Me’raj with its significance and method).
(3)AL-MAJLISI, Muhammad Baqir, Kitab al-Arba’ein (The Book of Forty), printing edition unknown, Qum, al-Matba’a al-Elmiyyah (printery), 1399 AH, explaining speech 15, p. 177; with a slight change in the expression. Besides, the Prophet (pbuh&hh) was also quoted as saying, «I have special time with Allah that no neared angel or sent Prophet can tolerate». AS-SAFFAR, Muhammad, Bas’aer Ad-Darajat (Insights on Grades), p. 23, s. 11.
(4) AS-SADDOUQ, Muhammad, ‘Elal ash-Sharae’ (The reasons for the doctrines), printing edition unknown, holy Najaf, Manshourat al-Maktaba al-Haidariyah (publishing house), 1966, vol. 1, p. 123, speech No. 1. AS-SADDOUQ, Muhammad, Ma’ani al-Akhbar (The meanings of news), audited by Ali Akbar al-Ghafari, printing edition unknown, Qum, Mo’assasat an-Nashr al-Islami (Publishing Foundation), 1379 AH, pp. 64, 107. AL-MAJLISI, Muhammad Baqir, Bihar al-Anwar (Oceans of Light), vol. 43, p. 12.
This stature is something different from the guardianship, succession or governance. Therefore, when we say, ‘Fatimah (pbuh) was neither a judge nor a ruler or a successor’, this issue does not deny her favored stature as it also does not mean that she is an ordinary woman like the types that we witness».
abstracts from the religious authority, based on the previous meaning, while it does not abstract from the Imams (pbuh), the logic at this point does not necessitate its binding infallibility.
If this jurist governs, the nation must obey him.
If this jurist governs, the nation must obey him.
The jurist possesses guardianship over the nation.
the infallible Imams (pbut) possess general leadership and commandment over the nation, which was expressed by Allah the Exalted in His words, «The Prophet is closer to the believers than their selves…»(1)
that cannot be neglected by Allah the Exalted in accordance with the significance of the third reasonable evidence (Dalil al-Hisbah, the accountability guideline).
How do we conform between
indications the illicitness of barley liquid if it boils and becomes intoxicating. However, he does not interfere in the implementation of this illicitness on barley liquid that is being sold in supermarkets. Instead, he leaves the implementation of this issue to the Mukallaf (responsible adult), and this is not the responsibility of Marja’ et-Taqlid.
this consideration, he will issue his verdict. In other words, the jurist guardian reaches his decision or verdict based on two issues:
The decision of the jurist guardian is called «al-Hukm (the order)» verses «al-Fatwa (the decree)» which is the product of Marja’ et-Taqlid.
|The basis of Fatwa al-Marja’||The legal evidences regardless of the social benefits and harms.|
|The basis of Hukm al-Waliy||The legal evidences + the recognized social benefits and harms based on time and place.|
[Marja’] illegal. Yes, one can continue imitating [the dead if was initially imitated in his lifetime]… In addition, he must be the most knowledgeable. Hence, as a precaution, it is forbidden to imitate the one favored while it is possible to imitate the best.
Muhammad Baqir as-Sadr (RIP) has added this issue with care. He said in his book «al-Fatawa al-Wadiha (the clear decrees)», «Al-Mujtahid al-Mutlaq (the free learned jurist), should he enjoy the rest of the conditions required for Marja’ et-Taqlid… It is permissible for the subject to imitate him as previously mentioned; and he has the general legal guardianship regarding the Muslims’ affairs providing that he is competent pertaining to both religious and realistic aspects».(1)
with methods that can challenge the tricks and falsifications of the world dominating culture, a man of insight with economic perception, a man capable of dealing with the economic system of the world, a man capable of understanding the policies, politicians and the rules that they possess, a man capable of understanding the points of weakness and strength of the two magnates of capitalism and communism. This in fact will draw ahead the strategy on how the world is being governed. Besides, the Mujtahid (learned jurist) must possess the qualities of perception, sharpness, and intelligence while exercising the process of leading the Islamic community, even the non-Islamic community, let alone devotedness, piety, and asceticism which must be self-acquired. In conclusion, the Mujtahid (learned jurist) must be a manager and an organizer».(1)
1. Ejtihad (intense learning of jurisprudence) and Faqaha (Jurisprudence)
jurisprudence quality more so than competence; it demands issues relating to the administration of the authoritative reference affairs based on its reality. Wilayat al Faqih on the other hand, added to its demanded high percentage of jurisprudence, requires a very high percentage of competency that harmonizes with the guardian’s general leadership of the nation. For example, if the required percentage of competency for Marja’ et-Taqlid is 10% the required percentage of competency for al-Waliy al-Faqih must be 40%. For instance, if «Hassan» and «Hussein» had the same level of jurisprudence and equity, yet the competence level is higher in «Hussein» than it is in «Hassan», in this case the one who should be appointed as al-Waliy al-Faqih is «Hussein» not «Hassan».
the prerequisites of Marja’ et-Taqlid stipulate that he be the most expert based on jurisprudence.
and his governance will be effective.
If this jurist governs, the nation must obey him.
level of jurisprudence other than the necessities of his worships and deals, even regarding the desired tasks and licit issues, must be an imitator or cautious providing he is acquainted with the situations of cautiousness. Only a few people are aware of this issue. Therefore, the actions of the common person, who is not acquainted with the situations of cautiousness, are deemed invalid without imitation …»(1)
reasonable. In precise, it is the structure and tradition of the intellects. We can notice that the ordinary Mukallaf (responsible adult), who has not acquired the level of jurisprudence, has no right answering the question regarding the evidence of the obligatory imitation by referring to the verse «…Ask the followers of the Remembrance if ye know not!»(1) How can he explain the aim behind the followers of the remembrance? Are they the people of the holy books that advanced the sacred book of Islam? Alternatively, are they in particular the Imams (pbut) who are the household of the remembrance (Prophet Muhammad (pbuh&hh)) or are they the scholars in general? Besides, how can he understand the aim behind His word «Ask»? Is it imperative and does it point or point not to obligation?
imitation on a certain narration such as that quoted from Imam Hassan al-Askari (pbuh) which reads, «Anyone amongst the jurists who is conservative, maintains his religiousness, opposes his desires, and obeys his Lord, the common people may imitate him’». (1)
when they are challenged by the necessities of life find that they are extremely forked; there are medical, industrial, agricultural, architectural fields, etc… Some of these necessities may be familiar to most people in a clear form. Each person, based on the naïf experience in his life, knows, when subjected to a cold climate, he might be inflicted with the symptoms of fever. However, the doctor can only learn the many ways of protection and treatment. In addition, the doctor himself will only learn them through research and effort. The same issue applies to the fields of building, construction, agriculture and industry with all its kinds.
and knowledge. Consequently, each individual will find his satisfaction in his field, teaching him truism. As for other than his field, he relies on other specialists holding them responsible for the evaluation of the situation.
permission to the non- specialist Mujtahid to directly try to learn the legal judgment from the scripture and tradition depending on his attempt. Instead, he obliged him to find acquaintance with the judgment through the method of imitation and reliance on the learned jurists».(1)
the letter B (ب) puts a word into the genitive in a constant form or it never does. Working both ways can never be the case.
Is Wilayat al-Faqih Dogmatic or Jurisprudential?
The question is:
matters, lurks in the fact that it rotates in the orbit and axis of the Mukallaf’s action, one, for being a legal verdict, or two, for being the same legal verdict deduced from their sources.(1)
|1||The trueness of Allah is unattainable||Scholastic||It rotates around the entity of Allah|
|2||Allah is Just||Scholastic||It rotates around the descriptions of Allah|
|3||Allah is the Sustainer||Scholastic||It rotates around the actions of Allah|
|4||Each responsible adult must imitate||Jurisprudence||It rotates around the action of the responsible adult or the legal verdict|
|5||Dealing with the Israeli enemy is forbidden||Jurisprudence||It rotates around the action of the responsible adult or the legal verdict|
|6||Prayers are invalid wearing stolen clothes||Jurisprudence||It rotates around the action of the responsible adult or the legal verdict|
The previous discussion represents clear examples that can be distinguished easily. However, some examples require certain accuracy and attention in order to distinguish their place whether in the knowledge of jurisprudence or the knowledge of scholasticism.
legalizes the guardianship for the jurist, hence, making the issue a part of the knowledge of scholasticism because it relates to the acts of Allah the Exalted. On the other hand, it takes the shape through which the nation must obey the jurist while the jurist holds the responsibility of the guardianship. The issue becomes jurisprudential because its orbit is the task of the Mukallaf or the legal judgment.
Faqih belongs to the knowledge of scholasticism or the knowledge of jurisprudence.
Waliy al-Faqih) following him in a direct form based on the fact that it is not an imitation pertaining to the axiomatic and necessary issues, as we mentioned previously.
The indications of certain jurisprudential issues are rational such as the obligatory imitation that depends on the reasonable cause that maintains the necessity for the ignorant to consult the wise. In other words, the tradition of the intelligentsia becomes dependable when the non-specialist refers to the specialist. Nonetheless, it did not switch to reside in the knowledge of scholasticism but remained in the knowledge of jurisprudence. On the contrary, one can find in the knowledge of scholasticism some issues with traditional but irrational indications, such as the issue of Raj’ah (the return of the dead). Nevertheless, this issue does not tarnish its association to the knowledge of scholasticism.
al-Waliy al-Faqih without any other channel of crossing».(1)
2. The necessities of religion: They have been defined through intuition as a part of the religion. Hence, should any embracer of the religion be asked about them he will reply with confidence and certainty that they are part of it.
the issues that are clearly regarded as parts of the faith such as the infallibility of Prophet Muhammad (pbuh&hh) based on the knowledge of the scholars of all sects in general, plus the infallibility of the twelve Imams based on the knowledge of the scholars of the duodecimal Imamate of the Shiites.(1)
For instance, the religious or sectarian identity does not necessitate one’s belief in Wilayat al Faqih because it is not a religious necessity as it is not a sectarian necessity as clarified earlier. With respect to the scholars of the divisions, it is not deemed as one of the obvious necessities of the duodecimal Imamate Shiism although it was previously explained as a special axiom.
Is there one or several Jurist Guardians?
including the general and social affairs such as politics, economy, jihad, etc…
Definition No. 2
Two points of view address this question:
indications while maintaining that the pillar of these indications is the previously mentioned acceptable letter of Umar Bin Hanthala, which reads, «…They consider someone amongst you, someone who narrated our tradition, studied our licit and illicit issues, and recognized our judgments.
order to establish the jurisdiction of the jurist. Instead, it belongs to those who observed and selected, which necessitates that jurisdiction be limited to them without exceeding them to include others».(1)
The category of Imam Khamenei (May he live long) can be detailed as follows:
I. AL-KULAINI quoted al-Hussein Bin Abi al-Alaa as saying, «I said to Abu Abdullah (pbuh). Can the earth exist without an Imam? He (pbuh) said no. I said could there be two imams. He (pbuh) said no unless one of them is silent».(1)
of two kinds, reasonable and traditional, we will discuss the issue based on this diversification.
entire recognitions as a one social and congruent unit plus its strong bond, which requires a system that manages its affairs, in this case, the reasonable evidence, mentioned previously, would maintain the necessity of a government for this precinct, which means unity».(1)
II. Regarding the verbal and traditional evidences, they are two kinds:
comprehensive verbal and traditional evidences of Wilayat al-Faqih (guardianship of the jurist) over all countries and all Muslims. In order to demonstrate this issue, we present the following points:
these jurists, the narrators of the speeches of Ahlul Bayt (pbut), are the proof of the Imam to the Muslims and goes under the entire precinct of the Imam’s argument. The Imam (pbuh), being the proof of Allah the exalted to all Muslims in all countries, provides the jurists with the same argument.
you, someone who narrated our tradition…»(1) represent a decree that considers the Faqih as a ruler. It is strange when someone exploits this category, saying that the ruler’s position belongs to those who consider a jurist from amongst the Shiites of the same country without the other countries.(2)
Does opening the field for multiple leaderships make way for the decay of the nation increasingly, expanding the issue to include neighborhoods?