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.
- A Short Treatise on The Guardianship of the Jurist
- 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
- Frequently Asked Questions and their Answers
- 1) What is meant by the Qualified Jurist?
- 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
- Preliminary Discussions
