The foundations of the legitimacy of Wellayat-e Faqih

Document Type : Research Paper

Author

Tehran University

Abstract

The question that government is a religious foundation or a secular common one is among the most important questions in the Islamic political thought. Religiosity of the foundation means that governments have the right to enforce political     power if they only have the religious legitimacy.
With respect the conditions and requirements of sharia, they are classified into the ones having the legitimacy and the ones lacking it. An immaculate person had doubtlessly the right to diving government and if he is present, no other people      have the religious right to occupy government. In Shiite Fiqh, the political governance of the immaculate is important because it is the credibility and the foundation of the government of the non-immaculate and the domain of the rights of the non-immaculate is determined with respect to the domain of the governance of the immaculate.
Some of the previous Shiite jurisprudents did not bring into consideration the occupation of government by the jurisprudents, despite mentioning many partial Wellayat. The only reason was the inaccessibility of governments for the Shiite     jurisprudents. That is
why the greatest Shiite jurisprudents entered political arena practically and explained the theoretical foundations of the general Wellayat of jurisprudents as a social principle.

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