The Limits of Wilaya al-Faqih in the Shici Society From the Viewpoint of Ayatollah Abdul-Karim Ha’ eri

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Arasta Muhammad Jawad; Fathi Saqezchi Hamid Reza

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Paper Information

Journal: SHIITE STUDIES Year:2019 | Volume:17 | Issue:2 (66) Page(s): 149-168

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Title

The Limits of Wilaya al-Faqih in the Shici Society From the Viewpoint of Ayatollah Abdul-Karim Ha’ eri

Author(s)

Arasta Muhammad Jawad | Fathi Saqezchi Hamid Reza | Issue Writer Certificate

Keywords

Wilayat al-FaqihQ1

benevolent actionQ1

just rulerQ1

Islamic judgeQ1

authority of just persons among believersQ1

Abstract

Since long ago, the jurists (faqihs) have discussed about the qualifications and latitude of Islamic ruler more or less. A group of jurists has held that the government and management of the society’ s affairs in the Occultation Period is the jurists’ right, regarding others as not qualified for administering the society’ s affairs. Emphasizing on legal reasoning as the basic condition for legitimacy of political regime in the Occultation Period and the political authority of the jurists has led to two practical results: a) Insistence on non-permission of delivering the government to others and preserving the immediate political authority of the jurist regarding the affairs of the state as the only instance of the just ruler in the Occultation Period b) Permission of delegating the government to non-jurist and the emergence of permitted and legitimate ruler On the contrary, a group of jurists has separated legal affairs and conventional affairs, regarding legal affairs such as judgment and enforcing legal limits as well as benevolent action (umur hasbiya) as the jurists’ duties and conventional affairs such as politics and security as the just ruler’ s duty. Among them, the great jurist, Ayatollah Abdul-Karim Ha’ eri, has accepted the dual view of ‘ sultanate of the grand sultan in conventional affairs and the qualified jurist in legal affairs’ . The present article seeks to explain the views presented by Ayatollah Ha’ eri and review them.

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APA: Copy

Arasta, Muhammad Jawad, & Fathi Saqezchi, Hamid Reza. (2019). The Limits of Wilaya al-Faqih in the Shici Society From the Viewpoint of Ayatollah Abdul-Karim Ha’ eri. SHIITE STUDIES, 17(2 (66) ), 149-168. SID. https://sid.ir/paper/119468/en

Vancouver: Copy

Arasta Muhammad Jawad, Fathi Saqezchi Hamid Reza. The Limits of Wilaya al-Faqih in the Shici Society From the Viewpoint of Ayatollah Abdul-Karim Ha’ eri. SHIITE STUDIES[Internet]. 2019;17(2 (66) ):149-168. Available from: https://sid.ir/paper/119468/en

IEEE: Copy

Muhammad Jawad Arasta, and Hamid Reza Fathi Saqezchi, “The Limits of Wilaya al-Faqih in the Shici Society From the Viewpoint of Ayatollah Abdul-Karim Ha’ eri,” SHIITE STUDIES, vol. 17, no. 2 (66) , pp. 149–168, 2019, [Online]. Available: https://sid.ir/paper/119468/en

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