- BOOK ID
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- Preliminary Discussions
- 1)The Definition of ‘Authority’ (walaya)
- 2) The Difference between Guardianship and Representation (or power of attorney) (al-Wilaya versus al Wikala)
- 3)The Meaning of Jurist
- 4)The Points of Dispute about the Guardianship of the Jurist
- The Types of the Power of Authority (i.e. the eighth type of authority listed above)
- The Types of Permission of the Guardian Jurist for the Action of Others
- ‘The Guardianship of the Jurist’ in the words of the Shi’a Jurists throughout history
- 1. Sheikh al-Mufeed, (d. 413 AH)
- 2. al-Sayyid al-Murtadha (d. 436 AH)
- 3. Abul Salah al-Halabi (d. 447 AH)
- 4. al-Muhaqqiq al-Hilli (d. 676 AH)
- 5. Ibn Fahd al-Hilli (d. 841 AH)
- 6. Al-Muhaqqiq al-Thani (Nurul Deen al-Karaki, d. 940 AH)
- 7. al-Muhaddith Faydh al-Kashani (d.1090AH)
- 8. al-Wahid al-Bahbahani (d.1206AH)
- 9. Mulla Ahmad al-Naraqi (d.1245 AH)
- 10. al-Sheikh Murtadha al-Ansari (d.1281)
- 11. Akhund Muhammad Kadhim al-Khurasani (d. 1329, after being poisoned).
- 12. Mirza Muhammad Husayn al-Na’ini (d.1355)
- 13. Sayyid Abul Qasim al-Khu’i (d. 1413)
- 14. Imam al-Khomeini (d. 1409)
- The Role of the Jurist in Different Areas of Jurisprudence
- The Principles Underlying the General Guardianship of the Jurist
- The First Principle: Man is Gregarious by Nature
- The Second Principle: The Rule Belongs Solely to Allah
- The Third Principle: Islamic Jurisprudence is the Constitution of Life, including Government
- The Fourth Principle: Islamic Government is a Necessary Part of an Islamic Society
- The Fifth Principle: It is Necessary to Appoint a Leader who will take up the role of implementing the Islamic Laws in Order to achieve that Aim
- The Sixth Principle: it is not Permissible to Suspend Divine Laws in the Era of Occultation
- The Seventh Principle: The Consecutive Indications for the Necessity of the General Guardianship of the Jurist
- Textual Evidence which supports the General Guardianship of the Jurist
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- A. Evidence from the Holy Qur’an
- B. Evidence from the Narrations
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- 1-the accepted narration of Umar ibn Handhala
- 2-the famous (or ‘accepted’ according to al-Jawahir, 21:394) narration of Abu Khadija
- 3-The Narrations indicating that the Scholars are the Heirs of the Prophets
- 4-The Jurists are the Fortresses of Islam
- 5-The Narration ‘the jurists are the trustees of the Messengers’
- 6-The Holy Letter
- Frequently Asked Questions and their Answers
- 1) What is meant by the Qualified Jurist?
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- a) Islam (being a Muslim) and Imaan (Faith)
- b) Intelligence and wisdom
- c) Justice
- d) Knowledge and Expertise in the laws of Islam to the Level of Ijtihad (the ability to deduce Islamic laws from the legislative evidence)
- e) Strength and Good Leadership
- f) Turning away from the Love of this World
- g) Masculinity
- h) Legitimate birth
- 2) Is the Jurist Chosen for the position of guardianship by Appointment or by Election?
- 3) is the System of General or Unconditional Guardianship of the Jurist Compatible with Autocracy or Democracy?
- 4) if the ruling of a Mujtahid goes against the ruling of the jurist guardian, which one must be followed?
- 5) if there are Multiple Islamic Countries, should there be one guardian jurist for all, or is it permissible for each country to have its own guardian jurist?
- 1) What is meant by the Qualified Jurist?
- Removing the Confusion about some Narrations that may seem to indicate the Obligation of remaining Silent during the Era of Occultation
A Short Treatise on The Guardianship of the Jurist
BOOK ID
Author(s): Sheikh Mansour Leghaei
Category: Scholars
Topic Tags: Guardianship Jurist Wilayat Faqih
Person Tags: Ayatullah Sayyid Imam Ruhallah al-Musawi al-Khomeini
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In this book, the author discusses in detail the concept of the Guardianship of the Jurist from an historical perspective, analysing the textual authority for its implementation while clarifying its underlying principles. This text also addresses some of the commonly asked questions regarding this concept.
Preliminary Discussions
1)The Definition of ‘Authority’ (walaya)
Al-Raghib; the famous Arabic philologist says in his al-Mufradat: “ ‘wala’ and ‘tawalli’ is when two or more things occur side by side without anything external to them being between them. This is used metaphorically to indicate spatial, familial, religious, personal, political or ideological proximity. ‘Wilaya’ is aiding or backing, while ‘walaya’ is when one takes charge of an affair.
It has been said that ‘wilaya’ and ‘walaya’ are like ‘dilala’ and ‘dalala’ (i.e. there is no difference between their meanings), but the correct opinion is that ‘walaya’ indicates taking charge of an affair. ‘Wali’ and ‘mawla’ therefore are used in relation to this meaning”(1)
According to this, the guardian (wali) of an orphan is the one who has charge of his affair, and a king may be described as: ‘the guardian of the affairs’. Thus, the permission to act is part of the meaning of the word. Therefore the claim of some who interpret ‘wilaya’ to mean only ‘love’ is not something that can be supported linguistically.
This is because if the intention was to speak of mere love, which is
p: 1
1- In this translation, ‘wilayat’ will be translated as guardianship and ‘wali’ will be translated as ‘guardian’