حوزه شناسي بحث ولايت فقيه

The Domain of the Question of " Guardianship of Muslim Jurist" (Wilayat al-faqih)

Some say that the question of "guardianship of a Muslim jurist" is related to fiqh, others say it is an issue in kalam (Islamic theology), still others consider it as both a theological and fiqhi question. Each of the three introduces some evidence to justify their claim. After the author of this article explains whether making a distinction between the fiqhi and theological nature of this question is of any consequencies, it becomes evident that proposing the question of "guardianship of a Muslim jurist" as a theological or fiqhi issue is misleading, because it can be discussed both in theology and in fiqh. The difference between the two is that in theology, the answers to the questions about "the guardianship of a Muslim jurist" have to do with the Divine actions, whereas in fiqh, the answers to such questions are related to the judgements on manʹs actions. To sum up, the assumption that if the question of "guardianship of a Muslim jurist" is not related to theology it has to fall into the province of fiqh and the assumption that if this question is not related to fiqh it has to fall into the province of theology, are of no avail.