They Ask You About The Waliy (Gaurdian)

They Ask You about the Waliy (Guardian)
Book: They Ask You about the Waliy (Guardian)

The Author: Sheikh Dr. Akram Barakat
Publisher: Bayt As-Siraj Lith-Thaqafah Wan-Nashr (As-Siraj House for

Culture and Publishing)
First Edition: Beirut, 2014 AD - 1435 AH
Special thanks go to translator "Fouad Rustom"

All Rights Reserved
They Ask You about the Waliy

(Guardian)
Author
Sheikh Dr. Akram Barakat
In the name of Allah,

the Most Gracious,
the Most Merciful
A Series of Al Qaem Pulpit Sermons
In the name of Allah

The Most Gracious, the Most Merciful
A Series of Al Qaem Pulpit Sermons
These issues address the needs of society
and explain the program leading man to
happiness in both worlds.
Sheikh Akram Barakat discussed these
subjects from Al Qaem pulpit in Beiruts
southern suburb, after which he made
them available in writing in the hope
they will earn your satisfaction.
Introduction:
In the name of Allah The Most Gracious, the Most
Merciful
Praise be to Allah, Lord of the Worlds. Allahs
blessing and peace be upon the noblest of His creatures,
Muhammad and his purified and virtuous household.
After addressing the doctrinal discussions pertaining
to Allah the Exalted, His Prophets (pbut), and His
guardians the infallible Imams (pbut), it is time to
discuss the issue of the Waliy (guardian) who plays the
role of the [absent] Imam (may Allah the Exalted hasten
his advent) during his occultation. This issue derives
from a thesis titled Wilayat al Faqih [Leadership
of the Jurist] which has been wronged throughout
history by the throwing of ashes on its illuminating
embers. In our present time, many people ignore it and
many others are confusing it. Nevertheless, its light has
managed to seep through these obstructions thanks to
Imam Khomeini (RIP). He, with his pure heart, brought
it to the surface in order to illuminate the world with
the revolution of the original Islam of Muhammad
(pbuh&hh), combining both its state and religion as
a foundation coupled with the motivated nation in the

circle of religious tolerance.
Add to these the umbrella of Wilayat al Faqih
(guardianship of the jurist) that was not limited
to a certain geographic zone. Instead, its blessing
overwhelmed the regions to reach our homeland
motivating a resistance that restored victory to the
Muslims overwhelming their defeated souls after their
prior defeat by the foreign enemy.
8
In order to address Wilayat al Faqih, this series of

lectures took place at al Qaem pulpit and was collected in a
book titled They ask you about the Waliy. This series
differs slightly from the other series because it necessitated
a number of scientific and accurate prerequisites, which
I have attempted, to the best of my ability, to explain
and simplify for the general understanding of the people
and for embracement by the intellectuals without any
rejection. I implore the Almighty Lord to render it as a
useful repertory that will gain His satisfaction. He is the
Listener of and Responder to the prayer.
Akram Barakat
2013 AD - 1434 AH
Al Qaem Mosque, Beirut, Lebanon
Lesson [1]
What is the meaning of Wilayat

al Faqih?
The meaning of al-Wilayah (guardianship)
The lexicographers stated that the word wilayah, as

it derives from the word (Waliy), holds two meanings:
The first is nearness. For instance, the Waliy
[guardian] of the dead person is his closest relative.
The Waaly of the city is the nearest to administering
its affairs.
The second is providence and authority. For instance,
the Waliy (guardian) of the dead person, as his closest
relative amongst the people, provides the best decision
regarding his funeral and other similar issues. The
Waaly (governor) of the city is the nearest amongst the
people to administering its issues of providence and
authority.(1)
(1) Refer to: BARAKAT, Akram, they ask you about the Imams (pbut), first edition,
Beirut, Bayt As-Siraj (Publishing House), 2013, p. 47.
The meaning of al-Faqih (Jurist)
Fiqh [jurisprudence] based on language means

thorough understanding.(1) The expression is used as
a special term for the Shariah [Islamic Laws]. The
knowledge of Fiqh is simply the knowledge of the
Shariah. Therefore, it is reasonable to say that each
expert of the Shariah is a Faqih.
10
However, the title Faqih changed over time to become

an expression designed for a higher rank of the doctrinal
scholars who have reached an advanced theological
stage of understanding the Shariah. Scholars with the
ability to infer and extract Islamic Laws judgments
from their approved sources, which were recognized
by the Shiism Fiqh as four: reason, the holy book,
Sunnah [Prophets tradition], and consensus. Anyone
who reaches the level of being capable of inferring and
extracting judgments from these sources earns the title:
Faqih and Mujtahid [Jurist and learned Jurist].
The meaning of Wilayat al Faqih (guardianship
of the jurist)
Based on the previous explanation, Wilayat al Faqih

informs us in general that Islam grants the Faqih a kind
of legal providence and authoritative power regarding
several matters that will be clarified through a number
(1) AL-FAYOUMI, Ahmad, al-Mesbah al-Mounir (The Luminous Lamp), first edition,
Qum, Dal al-Hijra (publishing house), 1405 AH, p. 479.
of explanatory examples pertaining to the resources

and the relationship of the Faqih with them. This
relationship of the Faqih with these resources is named:
Wilayat al Faqih.
Examples of the resources of al-Wilayah
[guardianship]
1- Suppose a child (or a mentally retarded person) has

lost all relatives, those entitled to take care of his
affairs, and that the father did not appoint a guardian
to take care of his affairs. Who is the closest or the
most entitled person to take care of the affairs of this
child (or mentally retarded person), with the right to
administer his financial, residential and care issues,
etc.?
Islam was clear in saying that the legal reference
regarding both script and the material was the Islamic
Shariah. However, there is a question: who decides
these issues in light of the Islamic Law?
The Shiite scholars claimed that the Faqih is
the closest amongst the people pertaining to the
management of their affairs, and that the Faqih is the
decision maker based on his knowledge of the laws.
This providential jurisdiction is known as Wilayat al
Faqih. The Faqih is the owner of the guardianship,
providence, and authority; he is the closest or most
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entitled to administering the affairs of the child or the

mentally retarded person.
2- If a believer endows a fruitful orchard for the way
of Allah the exalted and the endowing believer
dies before appointing a manager and supervisor to
manage the endowed orchard, who should have the
call or the power regarding the management of the
orchard? How can its produce be sold, etc?.
12
It is evident that the Shariah remains the legal authority

when answering the question regarding the management of
the orchard. However, the remaining part of the question
pertains to the owner or the decision maker regarding the
management of the affairs of the orchard in light of that
law. Therefore, who is this person?
The Shiite scholars said that the closest or most
entitled person upon whom such a burden of providential
responsibility should be placed is the Faqih; he is the
provident one whose providential jurisdiction goes
under the expression Wilayat al Faqih.
3- If two persons dispute over a financial matter or if
a dispute occurs between a husband and wife, it is
evident that the Shariah remains the legal reference
and resource to resolve these issues.
Regarding the spouses, if the matter cannot be
concluded by referring to the Shariah, for example,
a husband who wrongs his wife by beating her and

refraining from providing her with her needs while
claiming that the Shariah with its judgments in general
placed the issue of divorce at his disposal, how can we
solve this case? Should the case remain unresolved?
Alternatively, is there a solution in which the wife may
find salvation from her sustained wrongness?
The scholars maintain that the closest or most
entitled in Islam to be the authority for this case is the
closest to the understanding of Islam and its laws, the
Faqih (jurist). The Faqih can dissuade the husband from
harming his wife and command him to provide her with
her needs, giving him a period to comply. If he does
not comply with his orders, the Faqih commands him
to divorce her. Should the husband decline, the Faqih
can perform a special jurisdiction and thus divorce her
without referring to the husband. This providential
jurisdiction goes under the expression Wilayat al
Faqih. The Faqih is the owner of the guardianship
extracted from Islam regarding solutions for these
kinds of disputes.
4- Suppose a subjective study was prepared regarding
an issue that relates to a traffic jam and that the
study necessitated road expansion. Suppose, when
executing this plan, some owners of the lands that
require nationalization or expropriation by the council
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or state, refused to sell which does not help solve this

issue. What is the alternative? Does this issue stop
at this point and should the traffic jam continue?
Alternatively, should there be a coercive order that
forces the owner of the land to sell his property?
It is obvious that the Shariah remains the reference
and main legal source regarding this issue.
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Therefore, who is the authorized person who can

provide the legitimate warrant in light of his reading
of the Islamic legislation that initially forbids coercing
man to sell his property?
At this point, the believers focus on the Faqih, the
owner of the valid decision regarding the coercive
expropriation. This authority or jurisdiction goes under
the expression Wilayat al Faqih.
5- Suppose that the people of insight and perception
discovered that the Muslims enemy [Israel] was
planning to occupy an Islamic land and in order to
do so the enemy encouraged people among the Jews
to buy lands from Muslims so that the occupation
could take place gradually and systemically.
How do we confront this new occupation? Should
we be satisfied with giving advice and the broadcasting
of political awareness, which is necessary in all cases?
Alternatively, would it be more beneficial or more
necessary to consult the Shariah in order to obtain a

verdict forbidding the issue of the sale?
Note that the legal verdicts allow selling to the Jews
in normal conditions and do not forbid this issue.
At this point, the believers would focus on the
Faqih who looks into the case in light of the Islamic
Shariah and the nations interest in order to decide the
legitimacy and issue a verdict that forbids selling lands
to the Jews in this or that country.
This authority or jurisdiction of the Faqih goes under
the expression Wilayat al Faqih.
6- If it becomes evident that the enemy aspires to colonize
a Muslim country using economic means through
a plan concerning tobacco trade, eventually causing
tobacco traders to become trade slaves to the enemy,
and if the common interest necessitates that the people
refrain from trading in tobacco in order to thwart the
enemy plan; at this point, our eyes should focus on
the Faqih who can issue an order that forbids tobacco
trade even if it was originally permitted.
This order that initiates from the Faqih who owns
a providential jurisdiction goes under the expression
Wilayat al Faqih.
7- If enemy forces infiltrate a Muslim country, defending
the country, whose legitimacy is unquestionable,
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might require details and developments when

resisting the occupation. Therefore, who addresses
these details and developments based on the legal
viewpoint?
At this point, the believers would focus on the
Faqih, the owner of providence regarding this issue.
This jurisdiction goes under the expression Wilayat
al Faqih.
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8- Suppose war erupts in a certain country, terminating

the governing regime and rendering the country
deprived from law and order, who has the authority
to decide concerning the reorganization of its affairs?
Islam clearly states that the legal material that must
be the reference regarding this issue is the Islamic
Shariah. However, the question remains concerning
the identity of the person who owns the providence,
authority and decision making in light of the teachings
of that sharia'ah. At this point, the believers would
focus on the Faqih, the expert in the laws of Islam,
the closest to the authenticity of its implementation,
rendering him entitled to jurisdiction over this matter.
We call this issue Wilayat al Faqih.
9- Suppose an Islamic community is afflicted with a
tyrant ruler that oppresses the people, defiles their
dignities, and denies them their rights, shouldnt
the people focus on the Faqih as being the owner

of the legitimate jurisdiction in order to guide the
believers towards their righteousness? We call this
jurisdiction Wilayat al Faqih.
10- Who has the right to open a military front against
a certain country, which obliges sacrifice and
bloodshed? Should the believers not focus on the
Faqih as being the sole authority to do so? We call
this jurisdiction Wilayat al Faqih.
Notes regarding the pervious ten issues
The previous issues pivoted around the guardianship
regarding ten issues, which are:
1. The orphan and mentally retarded person.
2. Endowment.
3. Justice.
4. Property nationalization.
5. The prevention of selling property.
6. The prevention of trading with tobacco.
7. Defensive jihad.
8. Law and order (organizing the community).
9. Confronting the tyrant ruler.
10. Offensive jihad.
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To clarify the meaning of the wilayah [guardianship]

further, here are additional notes:
1- Wilayat al Faqih is not limited to the aforementioned
issues. Instead, it extends to reach other issues
such as the jurisdiction in the application of legal
punishments such as the execution of death penalty.
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2- When contemplating on the previous issues we

discover that the Faqih task is not limited to juristic
opinion alone as in the case of someone doubting
whether he is in the second or third Rika [part] of
his prayer. In this case, it would be sufficient for the
Faqih to examine the legitimate evidence in order
to reach a verdict without examining the external
practice; hence, the external issues would mirror no
effect on his verdict.
The case of the ten previous issues is not similar.
The external reality of each is regarded as incidental
regarding the verdict of the Faqih which he reaches
by firstly examining the status of the orphan and
the endowment, examining the statement of the two
disputes, and hence reaching the diagnosis that best
benefit the society regarding the general causes in light
of which he reaches his verdict.
Therefore, Wilayat al Faqih combines the legitimate
evidence from which the comprehensive general
verdicts are extracted with the external reality that must

be regarded by him in order to reach a verdict based on
considering both evidence and reality.
In conclusion: Wilayat al Faqih represents the
guardianship of Islamic jurisprudence and law based
on the diagnosis of the Mujtahid [learned jurist] in light
of his examination of the external interest.
3- When contemplating on these issues, one can notice
that some of them hold a tight relationship with the
establishment of an Islamic state such as the eighth
report relating to the organization of the society, the
ninth report relating to the offensive jihad, and the
fourth report relating to the guardianship required
for the nationalization of the lands. On the other
hand, other issues can occur naturally without
the need for an Islamic state similarly to the first
three issues (guardianship regarding the orphans or
mentally retarded persons, endowment, and justice).
In addition, the remaining three issues (preventing
sale of land, preventing tobacco trade, and offensive
jihad do not depend on the existence of an Islamic state.
This remark explains that Wilayat al Faqih is not
limited only to the issue of establishing the Islamic
state although the active implementation of these issues
would be stronger in shade of this state. Moreover, the
19
existence of an Islamic state would render the previous

issues, especially the first nine, among the troubles that
necessitate the activation of Wilayat al Faqih regarding
these issues.
20
4- None of the Shiite jurist experts denies Wilayat al

Faqih regarding the previous issues. They all openly
agree that it applies to a number of these issues such
as the guardianship over the orphans, mentally retarded
persons and justice. However, other experts did not
provide a candid opinion regarding the issues that relate
to guardianship over the general issues of the society
such as the last issues. The conclusion led to two
expressions pertaining to Wilayat al Faqih. They are:
The first is the special wilayah established regarding
the agreeable issues that we pointed out previously.
The second is the general wilayah established
regarding the general social issues, over and above the
special wilayah.
Lesson [2]
What is the evidence of Wilayat

al Faqih?
Reasonable Evidence
Previously we said that there are two expressions for

Wilayat al Faqih:
1-Al-Wilayah al-Khassa (the special guardianship)
which is limited to some of the aforementioned
issues.
2- Al-Wilayah al-Amma (the general guardianship)
which governs the society in general. Wilayat al
Faqih at this point refers to al-Wilayah al-Amma
(the general guardianship). We expressed this issue
previously in the form of al-Wilayah as-Siyasiyah
(the political guardianship).(1)
Experts of jurisprudence demonstrated two
categories of evidence regarding the general leadership
of the jurist:
(1) The folds of the next researches will explain that there are several opinions regarding
the circle of the general wilayah.
21
First category: The reasonable evidence.

Second category: The traditional evidence.
At this point, the reasonable evidence refers to the
proof that the mind accepts as being independent from
religion such as the conclusive reasonable judgment
that justice is good and that injustice is bad, or as being
dependent on religious necessities.(1) The evidence of
Wilayat al Faqih will be established from examples of
this nature to follow.
22
On the other hand, the traditional evidence refers to

the religious scripts of the Quranic verses or the holy
speeches quoted from Prophet Muhammad (pbuh&hh)
or from one of the infallible Imams (pbut) who
succeeded him.
The rank of the reasonable evidence
According to the Shiite principles, it is granted that

when reasonable conclusive evidence is established
coupled with a religious script reporting the same
content of the reasonable evidence, this religious script
acts as a guide for the mind in reaching conclusiveness.
Why? When the mind reaches such conclusiveness
based on a certain rule, Allah the Exalted does not find
it necessary to interfere in order to demonstrate such
(1) What we demonstrated was that the experts of jurisprudence divided the reasonable
evidence into reasonable independencies and reasonable dependencies.
a rule. Once the religious script sheds evidential light

upon it, it becomes a guide towards that reasonable
evidence. Therefore, the rank of the reasonable
evidence advances the rank of the evidence of the
religious script.
The three types of reasonable evidence
Based on the previous discussion, we now begin

demonstrating the types of reasonable evidence prior
to demonstrating the scripts that were employed to
prove Wilayat al Faqih [leadership or governance of
the Faqih].
First type of evidence: the laws of Islam
Imam Khomeini (RIP) demonstrated in his book The

Islamic Government reasonable evidence depending
on religious grants and necessities. This evidence is
formed of preludes:
First prelude: Islam is the religion of a government.
In order to clarify this first prelude, Imam Khomeini

(RIP) said:
When we carefully study the essence of the

laws of religion, we will establish that there is no
escape when placing them under execution but by a
government with capable apparatuses.(1)
(1) AL-KHOMEINI, Ruhullah, al-Hukumah al-Islamiyah (The Islamic Government),
second edition, Beirut, Markaz al-Imam al-Khomeini ath-Thaqafi (Imam Khomeini
Cultural Center), 1429 AH, P. 31.
23
The Imam (RIP) gave examples to his words

such as:
I- Financial Laws
It is evident when studying the obligatory financial

issues we will find that they bring in large sums of
funding which do not suit but the government. Some of
these issues are Khoums (the fifth, money tax), Zakat
(property tax), returning wronged funds, plus other
desirable outlays such as Sadaqa (charity).
As for Khoums, Imam Khomeini (RIP) said:
24
The fifth (al-Khoums) is a huge income that

brings into Bayt al-Mal (The treasury)(1) huge funds
forming the greater share of the treasury. The
fifth (al-Khoums), based on our section, is taken
from all gains, benefits and profits, whether this
is agriculture, trade, industry or other businesses.
In addition, the grocer contributes to paying the
fifth if his profit exceeds his annual provision,
which harmonizes with the teachings of the religion
regarding the way of expenditure and outlays. Other
people who contribute are the businessperson, the
jeweler, the taxi driver, the captain of the ship, and
the pilot They all and others must pay the fifth of
the excess funds from profits to the Imam (pbuh) or
(1) Bayt al-Maal: the states treasury, the place where the public capitals are paid to the
state.
his trustee to be placed in Bayt al-Mal.
It goes without saying that this enormous source is

used simply to help administer the affairs of the Islamic
community and provide its necessitated needs.
If we wish to sum the fifths of the profits of one
Islamic country or the entire world - should it embrace
Islam - we will discover that these enormous funds are
not designed to provide the needs of a Sayyid (a poor
descendent from the Prophet (pbuh&hh)) or a student
of religion. Instead, they are designed for a much
greater and wider issue. They are designed to provide
the needs of a nation as a whole. Once the Islamic state
is established, in order to manage its affairs, it must
seek help from the funds of Khoums, Zakat, Jizya
(capitation), and Khuraj (property tax).
When did the Sadah (plural of Sayyid) need this
kind of funding? The fifth of Baghdad market alone
is sufficient to pay all the needs of all the Sadah,
all the needed outlays of the religious and teaching
compounds, all the needs of poor Muslims, let
alone the markets of Tehran, Istanbul, Cairo and
other cities. A budget of this enormity is designed
simply to administer the affairs of a greater nation
and provide the basic and essential needs of people
as well as help with the public health, cultural,
educational, defense and urban services.(1)
(1) AL-KHOMEINI, Ruhullah, al-Hukumah al-Islamiyah (The Islamic Government), p. 32-33.
25
II- Defense Laws
The laws of jihad and defense, designed to defend

the countries of Muslims, point to the necessity of
forming a government without which defense cannot
be achieved.
26
Moreover, Islam ruled the necessity of making

preparations to be fully prepared even in times
of peace based on the words of Allah the Exalted:
Make ready for them all thou canst of (armed)
force and of horses tethered, that thereby ye may
dismay the enemy of Allah and your enemy(1)(2).
Therefore, how can these preparations be made without
central coordination by the government?
III- The laws of punishments, blood money and capital
punishment
It is evident that These laws cannot be executed

without governmental authorities through which
blood money is taken from the criminal and paid
to its deservers, through which punishments are
established, and penalty is executed under the
supervision and eyes of the legitimate ruler.(3)
(1) The holy Quran, Surat Al-Anfl (The Spoils of War), verse 60.
(2) AL-KHOMEINI, Ruhullah, al-Hukumah al-Islamiyah (The Islamic Government), p.
34-35.
(3) Same previous source, p. 35.
These previous three examples clarify the axiomatic

words of the first prelude pertaining to the evidence of
Wilayat al Faqih, which is:
Islam is the religion of a government.
The perpetuity of the laws of Islam
Imam Khomeini (RIP) launched from the reported

Hadith reading, Halal Muhammad is Halal [licit]
until the Day of Judgment, and his Haram is Haram
[illicit] until the Day of Judgment,(1) in order to
stress on a religious axiom.
These laws were reported with some of their explained
examples to show that the religion is the religion of a
government and that it has not been designed only for
the time of Allahs messenger (pbuh&hh) or only for
the times of the Imams of Ahlul Bayt [Household of
the Prophet] (pbut). Instead, these laws are perpetual
just like Islam. He (RIP) said, It goes without saying
that the necessity in implementing the laws was not
solely designed for the age of the Prophet (pbuh&hh),
instead, the necessity was a case of a perpetual nature.
Islam cannot be limited by time or place because it is
perpetual. Hence, its implementation and execution
as well as embracement were a case of perpetuity. The
(1) AL-HORR AL-AMILY, Muhammad Hassan, Wasael ash-Shia (The Means of
Shia), audited by Muhammad Ridha al-Jalali, second edition, Qum, 1414 AH,
Moassasat Aal Albayt (Publishing House), 1414 AH, vol. 30, p. 196.
27
28
fact that Halal Muhammad is Halal until the Day of

Judgment and his Haram is Haram until the Day of
Judgment renders the following issues impermissible:
The deactivation of the laws of Islam, neglecting its
teachings, abandoning its punishment, ceasing from
collecting its financial taxes, ignoring defense for the
sake of the Muslim nation and its territories, and
believing that Islam came for only a limited period or
for a limited place. This behavior contradicts with the
necessities of the Islamic dogmas. The fact that the
implementation of the laws after the Noblest Prophet
(pbuh&hh) was of a perpetual nature and a necessity
of life that brings the necessity for the existence of a
government that possesses the features of an executive
and prudent authority.(1)
Second prelude: The government requires a governor
who possesses three qualities. They are:
I- Efficiency pertaining to the governments need of
administration and other similarities.
II- Knowledge of the laws of Islam; he must rule in light
of the Islamic Shariah. Therefore, he must have
excellent knowledge of this Shariah, for which he
is renowned as The Mujtahid [learned jurist]
and The Faqih [Jurist].
28-29.
III- He must be trustworthy of the implementation of

the laws; hence, none of his personal whims should
affect his judgment. For this reason, he is called A
man of justice.
These qualities will be detailed later. Now, our
concern is in the first quality, being a Jurist.
So far, the two preludes are:
Islam is a religion of a government.
The government must include a governor who must
be competent and just.
Now, we can move on to the:
Third Prelude
If this ruler governs in light of his view of the legal
evidence coupled with his perception of the societys
interest, the society must obey him and this issue is
obvious. Otherwise, the first and second preludes
would be meaningless.
Consequently, once the members of the society find
it necessary to obey the Jurist ruler this leads to his
guardianship over them.
Evidence summary
Islam is a religion of a government.
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The government requires a jurist, an efficient and

just ruler.
If this type of Faqih [Jurist] rules, the nation must
obey him.
The Faqih has guardianship over the nation.
At this point, the evidence that Imam Khomeini (RIP)
presented concludes.
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The axiomatic evidence of Wilayat al Faqih

The eye-catching issue in the words of Imam
Khomeini (RIP) is in his recognition of the self-evident
guardianship of the Jurist. In his book, al-Hukumah
al-Islamiyah (The Islamic Government), he said,
Wilayat al Faqih is a clear scientific idea that does
not require any proof in the sense that whosoever
recognizes Islam as laws and tenets will recognize
its axiom .
In his book, Kitab al-Bay [the book of trade], he
said, Wilayat al Faqih after viewing all the
aspects of the case is not a theoretical issue that
requires proof.(1)
Imam Khomeini (RIP) was not alone when he
recognized Wilayat al Faqih as a matter of explicit
(1) AL-KHOMEINI, Ruhullah, Kitab al Bay [The book of trade], fourth edition, Qum,
Ismaelyan (Publishing House), 1410 AH, p. 467.
self-evidence, which does not require clear proof.

Instead, some notables released expressions that were
similar to the previous two expressions of the Imam.
We will notice this issue in the next discussion is the
recognition of Wilayat al Faqih modern or ancient.
The self-evidential aspect of the term faces the
theoretical aspect. The difference between the two
is that the axiomatic cause is a cause that man can
conceive once he realizes it without the need to
establish any evidence for it unlike the theoretical
cause. For example, when we say, the universe is
an occurrence, which means it was nonexistent and
existed later, it leads to the perception that the subject
the universe, the probability the occurrence,
and the percentage of a such probability does not
produce direct belief. Instead, we must find the keys
to this issue. For example, we say that the universe is
variable and every variable is an occurrence, hence,
the universe is an occurrence.
The axiomatic cause on the other hand does not
require this kind of argumentation. Instead, it is
conceived simply by looking into it.
Based on the previous, the three preludes of the
previous reasonable evidences are all axiomatic.
However, this self-evidence is private, not common.
The difference is that the common axiom can be
31
32
found with every reasonable person, such as the selfevidence, that singular is different from plural. On the
other hand, the private axiom is a special component
of the Muslims. For instance, for them, the obligatory
task of prayer is self-evident just like the fasting task.
For non-Muslims, these examples are not regarded as
axiomatic. This is why they were regarded as private
axioms. The same issue applies to Wilayat al Faqih.
It is axiomatic with respect to the expert knower of
the laws of Islam as being the laws of a government.
Therefore, to him, this issue is axiomatic based on the
private axiom. After the formation of this private axiom
(that Islam is a religion of a government), the role of
the following two preludes begins (the ruler as being a
Jurist and that the society must obey him regarding
his judgment), they both are also self-evident.
We call this first reasonable evidence the evidence
of the laws of Islam.
Second type of evidence: The preservation
of order
The conclusion of this evidence: Allah the OmniWise had an aim behind mans creation, mans
integration. Therefore, for the sake of mankind, He
delivered the Shariah (Laws) so that man can integrate
in light of his compliance with it. Integration has two
dimensions, individual and communal.
In light of the communal laws of Islam, the

communal dimensions require someone who can
organize them, someone who can play the role of the
ruler and guardian. Without this organizer, there will
be disorder in the community. This is why the Noblest
Prophet (pbuh&hh) was the guardian [Waliy] and
organizing ruler.
The Shiites concluded that the role of the Imam
[trustee] was a necessity to succeed Allahs messenger
(pbuh&hh). In other words, leaving the community
without appointing a comprehensively recognized
organizer would lead to disorder in the community
system. Therefore, Allah the Exalted and Wise had to
intervene by pointing out the ruler that must succeed
the Noblest Prophet (pbuh&hh). This is exactly what
happened when Imam Ali (pbuh) was appointed as a
trustee to succeed Allahs messenger (pbuh&hh) in
addition to the other trustees who succeeded Imam Ali
inline: Imam Hassan (pbuh), Imam Hussein (pbuh),
and the nine Imams of the children of Hussein (pbuh).
As for the occultation of Imam Mahdi (may Allah
the Exalted hasten his advent), particularly in the year
329 A.H., the beginning of the greater occultation, a
question surfaces. Why would Allah the Wise cause the
occultation of Imam Mahdi (may Allah the Exalted hasten
his advent) without first pointing out the organizing
33
guardian during his absence or by simply pointing out

his required qualities following the absence of the Imam
whose name has been reported? At this point, we are
talking about the political leadership, as we will explain
next, not about the other values of the Imamate.
If we want to preserve the method and harmony that
are one with respect to the Shiites, the answer remains,
Yes, this is a necessity. This is for the same previous
reason, which Imam Khomeini (RIP) expressed when he
said:
34
If it were not for this issue, social tumult, chaos

and corruption would have reigned plus dogmatic
and moral deviation. There is no escape but by the
rise of a just government that can administer all the
aspects of life.(1)
On the other hand, if we say that there is no need
to point to the Waliy [guardian] these words would
suit only the comprehensive Shiite method until the
year 329 A.H. After this time, the question regards the
suitability of these words with the Shiite methodology
that is one.
It is obvious that this evidence possesses the quality
of axiom just like the first reasonable evidence; hence,
it goes under our previous explanation of axiom.
(1) AL-KHOMEINI, Ruhullah, al-Hukumah al-Islamiyah (The Islamic Government), p. 29.
Third type of evidence: Al-Hisbah(1) (The

Accountability)
Some experts reached their conclusion regarding

Wilayat al Faqih based on the method al-Hisbah
guideline. Expert scholar al-Mirza Jawad at-Tabrizi
(RIP) defined the issues of Hisbah as: The issues that
must occur externally; but he did not define any
person in particular that must be assigned with the
task.(2) This issue becomes clear in our confidence
that the Lawmaker finds no satisfaction in ignoring or
defusing certain issues of significance, which must be
addressed and cared for. In other words: whenever the
Lawmaker finds no satisfaction in ignoring a certain
issue due to its significance, its task must be carried out
for the way of Allah the Exalted, aiming for the reward.
This is why it is called al-Hisbah guideline.
Hisbah based on language means aiming for reward,
and the task of Hisbah means seeking the reward.(3)
Based on the previous, a group of experts concluded
that the affairs of the government and society are
(1) Hisbah (Arabic: isb(ah), or hisba) is an Islamic doctrine which means accountability. Hisbah is the divinely sanctioned duty of the authority in order to intervene and coercively command right and forbid wrong, keeping everything in
order according to the Sharia, the laws of Allah. This doctrine is based on the Quranic
expression Enjoin what is good and forbid what is wrong.
(2) At-Tabrizi, Jawad, Sirat An-Najat (The way of salvation), first edition, publishing
place unknown, Daftar Nashr Barkzidah (Publishing House), 1416 AH, vol. 3, p. 358.
(3) IBN MANTHOUR, Muhammad, Lisan al-Arab (The Arabs Tongue), publishing edition unknown, Qum, Nashr Adab al-Hawza (publishing house), 1405 AH, vol. 1, p. 314.
35
issues which if ignored or defused will not draw the

satisfaction of Allah the Exalted. Therefore, they must
be addressed. If the issue concerns two contenders,
one who is a Faqih [Jurist], and one who is not, the
Faqih must be appointed with the task based on two
statements:
36
First statement: the issue concerns a contender

who has the particularity of a Jurist and another [nonjurist] contender who is more popular than the Faqih,
let alone other popular persons. It is obvious that no
particularity belongs to anyone other than the Faqih.
Hence, the Faqih must be assigned for the task or there
must be a choice between the Faqih and the other
person. However, since in principle no ordinary man
is a guardian of another, hence, the Faqih maintains
a measurement of assurance that grants him the
legitimacy to take the assignment. Therefore, he must
be obeyed apart from others.
Second statement: it is the Faqih who can attain
certainty concerning whether or not the Lawmaker
is satisfied due to the Faqihs acquaintance with the
method that can satisfy the Lawmaker coupled with
his practice that he concludes from His speeches
concerning the legislation of the laws of these issues.(1)
(1) AL-MAZANDARANI, Ali Akbar, Daleel Tahrir al-Wasilah (The Guideline of Editing the Means), first edition, Qum, Moassasat Tantheem, Nashr Aathaar al-Imam
al-Khomeini, 1417 AH.
They ask you about the Waliy: Sayyid Khoei (RIP)

and al-Hisbah guideline
Sayyid Abul Qassim al-Khoei (RIP) counted on alHisbah guideline in order to say that the Faqih has
guardianship over the orphan and the mentally retarded
person who has lost his father, the curator. He defined
this issue to be one of the issues that would incur Allahs
dissatisfaction if abandoned or defused. Instead, Sayyid
al-Khoei (RIP) counted on al-Hisbah guideline to say
that the Faqih has guardianship regarding the initial
and offensive jihad. He said, If we give notice to the
legitimacy of the root of jihad during the occultation
time, would the permission of the qualified Faqih
regarding it be recognized or not?
Scholar Sahib al-Jawahir appears to encourage
such generalized guardianship similarly during the
time of occultation.
These words are not far from the following:
The Faqih must consult regarding this important
issue the experts and people of inception amongst
the Muslims to reach certainty that Muslims have
sufficient tools and the individuals necessary to
overcome the offensive infidels. The fact that the
process of this significant external issue requires
a leader and commander, whom the Muslims
should recognize with his valid commandment,
37
necessitates the appointment of the qualified

Faqih. Therefore, he will embark to execute this
significant issue out of accountability based on
the fact that anyone else embarking on this issue
would cause confusion leading to its non-execution
in a complete form.(1)
38
From these words, we notice that he (RIP)

commented saying: out of al-Hisbah issue this
issue harmonizes with the shaping of the previous
regulatory guideline, which points to their similarities
regarding the content
Guardianship regarding orphans and incipient
jihad
Despite the previous words of Sayyid Khoei (RIP),

the eye-catching issue in his quoted words resides in
his discreetness towards Wilayat al Faqih regarding
issues that are even less in gravity than that of the
initial jihad. An example is his guardianship over
the present Islamic community although al-Hisbah
guideline regards it equally as the initial jihad.
Perhaps this issue reveals his true opinion, which
could be his last. This issue manifested clearly in his
action following the uprising of Shaaban month in
Iraq in 1411 AH / 1991. At that time, he discovered
(1) AL-KHOEI, Abul Qassim, Minhaj As-Saliheen (The Way of the Righteous), 28th edition, Qum, Mahr, 1410 AH, p. 266.
a community that lived in tumult without a guardian.

Suddenly, he forms a supreme commission that
supervised the administration of Iraq affairs. He
also issued a statement regarding this issue, which
reads, So far, the country nowadays witnesses
a critical stage that requires law and order,
orderliness of security and stability, supervision
of general affairs, and religious and social affairs.
These requirements will spare the departure of
the general interests from correct management to
negligence and forfeiture. For these reasons, we
find that the general interest of the community
necessitates us to appoint a supreme commission
that can supervise its entire affairs where
its opinions represents our opinions, and its
publications represents our publications.
They ask you about the Waliy: For this reason,
we chose the elite of the honors of the great
scholars whose names are stated below amongst
those whom we recognize with their competence
and prudence.
Our faithful children must follow them and obey
their instructions and orders as well as help them
accomplish this mission. I plead Allah the Exalted to
make them successful in order to perform the service
that pleases Him in His sublimity and exaltedness and
39
pleases His messenger (pbuh&hh). He is the guardian

of success. He is our helper and best reliance. May
Allahs mercy and blessing be upon you.(1)
40
(1) A copy of this text was obtained from the office of his eminence in holy Qum
(AL-HAIDARY Wadei, Wilayat al Faqih wa al-Hukumah al-Islamiyah Fee Asr alGhaibah (The Guardianship of the Jurisprudent & the Islamic Government during the
times of Occultation), fourth edition, Beirut, Moassasat at-Tarikh al-Arabi (Publishing House), 1433 AH, p. 54.
Lesson [3]
What is the evidence for Wilayat

al Faqih?
Traditional Evidence
Religious scripts regarding foundation and

guidance
Before discussing the evidence of Wilayat al Faqih
that was extracted from the religious scripts, we stress
on our previous statement regarding the rank of these
indications pertaining to the reasonable evidence.
Although they benefit the content of the reasonable
evidence, yet they maintain their rank as a guiding issue
and indication for it. On the other hand, if they were to
be beneficial to certain content that cannot be conceived
in a conclusive form, they become foundational for a
new quest.
41
From these indications, we present the

following:
The Quranic evidence
Allah the Exalted said, Obey Allah, and

obey the messenger and those of you who are in
authority(1)
42
Expert scholar al-Mirza Jawad at-Tabrizi (RIP)

inferred from the previous verse the necessity of obeying
the Faqih who takes upon himself the governance that
will preserve the Islamic countries from the cunnings
of the enemies.
He (RIP) said although the exegesis of the verse
regarding the authority points to the Imams (pbut) yet
This issue does not nullify it [Wilayat al Faqih]; in
fact this was a nullification of the guardianship of
the tyrant guardians; and that they [the imams] are
the authorities to whom the verse pointed.(2)
The narrative evidence
First: The report of as-Saddouq

Sheikh Saddouq narrated in his book Man La
Yahdoroho al-Faqih (Unattended by the Jurist): The
commander of the faithful (pbuh) said that Allahs
(1) The holy Quran, Surat An-Nis (The Women), verse 59.
(2) AT-TABRIZI, Jawad, Ershad at-Talib Ela at-Taleeq Ala al-Makasib (Guiding the Disciple to Comment on Gains), second edition, Qum, Ismaelyan (Publishing House),
1411 AH, vol. 3, p. 39-40.
messenger (pbuh&hh) said: O Allah, have mercy

on my successors. When asked O messenger of
Allah, who are your successors? He (pbuh&hh)
said: those who succeed me, narrating from me my
speech and tradition.(1)
The source of the report
Imam Khomeini (RIP) emphasized that this report is

recognized and sanctioned because it was reported in
different ways and by several sources. For example,
it was reported in the book Oyoun al-Akhbar (The
fountains of news) in three different ways; in the book
Maani al-Akhbar (The meanings of news) with a
fourth support; and was reported in other books giving
it more support such as Kitab al-Majalis (The book
of sessions), Sahifat ar-Ridha (The book of Ridha).
Moreover, Rawandi and others reported it. This issue
compensates for the unnamed source in the report of
Sheikh as-Saddouq (RIP) in his book Man La Yahdoroho
al-Faqih.
The issue that confirms this credence was that Sheikh
as-Saddouq (RIP), when mentioning his reports without
a source, he sometimes expresses saying: He (pbuh)
was reported as saying. Another expression of his
(1) AS-SADDOUQ, Muhammad Bin Ali, Man La Yahdoroho al-Faqih (Unattended by
the Jurisprudent), second edition, Qum, Manshourat Jamaat al-Modarriseen (publishing house), 1404 AH, vol. 4, p. 420.
43
reads, He (pbuh) said. This second expression He

(pbuh) said informs us that it is an accepted credence
unlike the first expression.
The source of the report comes from the second
expression that indicates credence and acceptance.(1)
The meaning of the report
44
Imam Khomeini (RIP) said regarding the meaning

of the report: The meaning, the caliph after Allahs
messenger (pbuh&hh), has been renowned since
the beginning of Islam. It holds no ambiguity. The
caliphate, although holding no superficial meaning
regarding guardianship and governance, continues
to maintain the minimum certitude of these.(2)
Three questions remain regarding the report.
They are:
I- Is it right to limit the caliphate with the task of reporting

speeches and tradition of the Prophet (pbuh&hh),
without giving it the meaning of governance?
Imam Khomeini (RIP) replied, A caliph who
simply reports speeches and tradition remains
meaningless. Allahs messenger (pbuh&hh) did not
report his own reports for the caliph to succeed him
in this issue.(3)
(1) IMAM KHOMEINI, Ruhullah, Kitab al Bay (The book of trade), p. 467-468.
(3) Same previous source.
II- Isnt the report designed especially for the infallible

Imams (pbut) since they are regarded as the successor
caliphs of Allahs messenger (pbuh).
Imam Khomeini (RIP) replied: It is a delusion if
it is understood that the successors are solely the
Imams (pbut) and this is very weak [understanding].
Expressing the Imams (pbut) through the reporters
of the speech is unprecedented. Instead, they are the
treasurers of His knowledge (exalted He is).(1)
III- Is there a probability that the report belongs only to
the narrator and speaker without the Faqih?
Imam Khomeini (RIP) replied: The narrator of a
script cannot tell whether or not the narrated story
is a tradition of Allahs messenger (pbuh&hh).(2)
The tradition is the realistic saying of Allahs messenger
(pbuh&hh) added to the realistic deed and report. The
narration can either be or not be a tradition depending if
it truly originated from Allahs messenger (pbuh&hh).
Therefore, who can define the narration that must be
accredited? Is this person the Faqih who can distinguish
these issues out of his jurisprudence?

45
Moreover, the comments on the story based on several

written methods read, thus they teach them to the
people after my departure.(1) It is evident that the
narrator or reporter has no business in teaching the
tradition of Allahs messenger (pbuh&hh) unless he
is a Jurist such as al-Kulaini(2)
Second: The Correspondence of Isaac Bin
Yacoub
46
The book Kamal Ad-Dean wa Tamam An-Nemah

[Perfection of Religion and Completion of Grace]
reported Muhammad bin Yacoub quoting Isaac bin
Yacoub who said, I asked Muhammad bin Uthmn
al-Amri to deliver a letter of mine in which I sought
an explanation of issues that confused me. The
reply returned with the handwritten signature of our
lord Sahib Az-Zaman al Imam al Mahdi (may Allah the
Exalted hasten his advent). It reads, Regarding your
question May Allah guide you and fasten your
heart until he said: Regarding the occurring
events, refer them to the narrators of our speech;
they are my proof to you and I am the proof of
Allah.(3)
(3) AS-SADDOUQ, Muhammad, Kamal Ad-Dean wa Tamam An-Nemah (Perfection of
Religion and Completion of Grace), publishing edition unknown, Qum, Moassasat
An-Nashr al-Islami (publishing house), 1405 AH, p. 484.
The source of the story was researched leading to

Isaac bin Yacoub who was not mentioned in any script
as being one of the early trusted scholars. However,
this issue has been refuted saying that Isaac was the
brother of Sheikh Muhammad bin Yacoub al-Kulaini
(RIP). Therefore, had he not been a trustee Sheikh
Kulaini would have never reported this story from him;
especially it contains a very sensitive matter. The reason
why Sheikh Kulaini (RIP) did not report it in his book
al-Kafi (The Sufficient) was perhaps he discovered it
after he authored al-Kafi. Based on this issue, the story
remains authentic and accredited regarding its source.
The significance of the report
The report contains two main clauses from which

Wilayat al Faqih can be inferred:
1- The occurring events
Imam Khomeini (RIP) said: The meaning of the

occurring events is not the legal issues and rules.
The inquirer recognizes his referee regarding these
issues and rules. The people usually return to the
Jurists if one of the issues of legislation and its rules
becomes confusing. This issue also occurred at the
times of the Imams (pbut) by people who lived far
from the infallible Imam (pbuh), in countries other
47
48
than his (pbut). The inquirer, who lived at the

time of the early occultation of Imam Mahdi (may
Allah the Exalted hasten his advent) while keeping
contact with his mediators who corresponded with
him and asked his legal opinion, did not inquire
about the identity of the referee regarding legal
opinions because he knew his referee well. Instead,
he inquired about the referee that must be sought
pertaining to the modern social problems and the
developments in the life of people. Therefore, if he
finds it difficult to review with him regarding these
issues due to his occultation, he inquires about the
referee whom he must refer to pertaining to the
changes in life and developments of the society plus
the occurring events, which cause confusion for
him. His inquiry was a general one and did not refer
to any party in particular. Hence, the reply was also
general, congruent with the inquiry.(1)
2- They are my proof to you and I am the proof of Allah
Imam Khomeini (RIP) denied the interpretation of

the argument in the sense that limits it only to the legal
issues and their explanations. Moreover, he rejected
the idea of authenticating the reporting of the tradition
when someone is trustworthy in his reporting of the
81.
narrations. He confirmed that the aim behind Imam

Mahdi (may Allah the Exalted hasten his advent) as
being the argument of Allah was that he is the referee
of all people and their leader regarding all their affairs.
Consequently, the jurists being the argument of the
Imam (may Allah the Exalted hasten his advent) to
the people means that they represent the referential
authority and leader regarding all their affairs.(1)
Third: The acceptable letter of Umar Bin
Hanthala
Al-Kulaini (RIP) reported in his book quoting Umar
bin Hanthala as saying, I asked Abu Abdullah about
two men of our followers with a dispute regarding a
debt or an inheritance. They referred to the Sultan
and the judges. Is this issue licit? He (pbuh) said,
Whosoever seeks their judgment regarding right or
wrong, he in fact seeks judgment from a false deity
whereas Allah instructed us to disbelieve in it. Allah
the Exalted said: How they would go for judgment
(in their disputes) to false deities when they have
been ordered to abjure them?(2) I asked what they
should do. He said, They should consider someone
amongst you, someone who narrated our tradition,
studied our licit and illicit issues, and recognized our
49
judgments. Let them accept him as a judge because

I made him a ruler for you(1)
The report is one of the accepted reports with respect

to the expert scholars.
Imam Khomeini (RIP) found benefit in two essential

issues of the report:
50
First: It prohibits us from referring to the tyrant

rulers and judges (The illegal authorities) regarding
the legal matters. It states that whosoever refers to
them is in fact referring to the false deity regarding
his judgment whereas Allah the Exalted ordered us to
abjure. The religion instructs us not to accept the
judgment of the unjust rulers otherwise one would
be taking an illicit gain even if it belonged to him.
Hence, the Muslim is forbidden from referring to
their court regarding a debt that he seeks from
another. Consequently, he would be collecting his
debt based on their order and judgment; hence, he
does not have permission to have at his disposal that
which he has been given. A number of jurists said
that even regarding the material issues, one is not
(1) AL-KULAINI, Muhammad, al-Kafi (The Sufficient), Tehran, Dar al Kutub al-Islamiyah (publishing house), 1363 SH., vol. 1, p. 67.
permitted to take the owned material such as the

gown and have it at his disposal if its regain was
due to their order and judgment.(1)
Second: the Imam (pbuh) calling on abandoning
the seeking of judgment from the tyrant authorities and
its judicial systems defines the referential argument
regarding this issue. It is defined as those who act for the
Imams (pbut) regarding the judgment, those who were
described by the Imam (pbuh) as whosoever reports
our tradition and understands our licit and illicit issues,
and those who reviewed thoroughly their judgments
based on their possessed jurisprudential capabilities.
Regarding the bearers of these qualities, Imam
Sadiq (pbuh) was quoted as saying, I have appointed
him as a ruler for you.(2) Imam Khomeini (RIP)
commented on this clause saying: The judgment in
this case is not limited to the judicial issues alone;
instead, it includes them with other issues.(3) The
background of this issue is the reported generalization
in the phrase, had the aim been the judge in particular,
the ruler would have been tied to being a judge. This
trend is supported by the expression of Imam Sadiq
(pbuh) when he said as a ruler and not as a judge.
(2) AL-KULAINI, Muhammad, al-Kafi (The Sufficient), fifth edition, Tehran, Dar alKutub al-Islamiyah (Publishing House), 1363 AH, vol. 1, p. 67.
51
Fourth: The report of al -Qaddah
52
Al-Kulaini (RIP) reported quoting al-Qaddah

(Abdullah Bin Maimoun) who reported Imam Sadiq
(pbuh) as saying, Allahs messenger (pbuh&hh)
said: whosoever takes a path in which he seeks
knowledge Allah will walk him on a path to paradise
while the angels lower their wings for the seeker
of knowledge as a sign of satisfaction. Moreover,
forgiveness is asked for the seeker of knowledge by
the beings in heaven, the beings on earth, and even
by the whale in the sea. The value of the scholar
with respect to the worshiper is like the value of the
moon with respect to the stars on the night of a full
moon. The scholars are the trustees of the prophets.
The prophets did not entrust dinars or dirhams.
Instead, they entrusted knowledge. Therefore,
whosoever takes from it will find a great fortune.(1)

The support of the report
The report is recognized.
The report described the scholars as the trustees

of the prophets; one of the prophets was Muhammad
bin Abdullah (pbuh&hh) who possessed general
guardianship over the people.
(1) AL-KULAINI, Muhammad, al-Kafi (The Sufficient), vol. 1, p. 34.
The requisite of such trusteeship is the passing

on of all the knowledge that the prophets possessed
to the scholars except that, which was proven nontransferable. The guardianship, in the sense of the
political leadership, is transferable, which was why the
scholars were entrusted with it. This issue is similar to
the expression of the commander of the faithful (pbuh)
in his book Nahjul Balagha, I see my legacy being
looted;(1) his aim in these words refers to the political
leadership.
The probability in viewing the scholars as the Imams
(pbut) was refuted by Imam Khomeini (RIP) when he
said, One cannot imagine that their merits could
be similar [to that of the Imams (pbut)] and this
type of language has not been defined in their favor
in any form.(2)
Regarding the protest to the previously mentioned
words that the heritage is the laws and traditions that
were given to the prophets (pbut), Imam Khomeini
(RIP) addressed this issue saying, The criterion used
in understanding the reports by adopting their
superficial terms refers to the famous tradition and
(1) IBN ABI TALIB, Imam Ali, Nahjul Balagha (Peak of Eloquence), audited by Sheikh
Muhammad Abdu, first edition, Qum, Dar Ath-Thakhaer (Publishing House), 1412
AH, vol. 1, p. 31.
98.
53
understanding, not to the scientific analysis and

laboratorial examinations.
54
This is how we behave in our understanding of

the tradition. Should a Faqih [jurist] utilize the
scientific analysis and philosophic accuracy, he
will miss many issues. Moreover, if we refer to the
tradition in understanding the phrase The scholars
are the inheritors [trustees] of the prophets and
customarily ask does this phrase mean that the
Faqih is the trustee of Allahs messenger (pbuh)?
the reply would be: yes, for the same previous
reasons.
We do not embrace the meaning of prophecy as
a task receiving only revelation or knowledge of
the traditions and laws. Had this probability been
reported in a singular form, it would not have been
probable in the word prophets that represents a
plural form. The plural form, prophets, indicates
to all the prophets, but not in the sense, which
deprives them from receiving merits other than
revelation; this is why they were also guardians.
Depriving the prophets from any quality and any
matter other than knowledge and revelation while
placing the scholars in the same stature of theirs
pertaining to the judicial traditions and laws is a
wrong understanding that contradicts with the
custom of the sapient experts.(1)

Scripts supporting Wilayat al Faqih
Imam Khomeini (RIP) presented scripts that did not

only represent evidence for Wilayat al Faqih, but they
also supported(2) it. They are:
1- The Radawist(3) Fiqh [jurisprudence]: The rank of
the Faqih at this time is similar to the rank of the
Prophets of the children of Israel.(4)
2- The Prophet (pbuh&hh) was quoted as saying,
On the Day of Judgment, I pride myself on my
nations scholars and say: My nations scholars
are as the rest of the Prophets before me.(5)
3- Imam Ali (pbuh) was quoted as saying, The
scholars rule over the people.(6)
99.
(2) The aim behind support refers to issues that were below the level of evidence, in the
sense that the problems regarding them have yet to be concluded.
(3) Radhawsit: referring to Imam Ridha (pbuh).
(4) IBN BABAWAIH, Ali, Fiqh Ar-Ridah (The Jurisprudence of Ridha), audited by
Moassasat Aal al-Bayt (Publishing House), first edition, holy Mashhad, World Conference on Imam Ridha (pbuh), 1406 AH, p. 338.
(5) AN-NARAQI, Ahmad, Awaed al-Ayyam (The Benefits of Days), audited by Markaz
al-Abhath wa Ad-Dirasat al-Islamiyah (Research and study center), first edition, publishing place unknown, Markaz An-Nashr, a branch of Maktab al-Elam al-Islami, p.
522.
(6) AL WASITI, Ali, Oyoun al-Hikam wa al-Mawaez (Fountains of Wisdoms & Sermons), audited by Hussein al-Husseini al-Birjandy, first edition, printing place unknown, Dar al-Hadith (Publishing House), printing date unknown, p. 25.
55
4- Imam Hussein (pbuh) was quoted as saying, The

scholars govern the occurrences of the events and
laws.(1)
Regarding
evidence
reasonable
and
traditional
When comparing between the reasonable and

traditional evidence we realize the following issues:
56
1- The reasonable evidence informs us that the

governance of the Faqih over the society is of a
restricted jurisdiction and in a form that preserves
the society or a form that does not please Allah
the Exalted should it be abandoned. On the other
hand, we can extract from the traditional and verbal
evidence indications concerning a wider jurisdiction
of the Faqih over a wider field even though the field
of the reasonable evidence remains wide within its
social zone.
2- The discussion on the traditional evidence of
Wilayat al Faqih does not shake its foundations as
long as it remains well founded based on the explicit
reasonable evidence.
(1) AL-MAJLISI, Muhammad Baqir, Bihar al-Anwar (Oceans of Light), corrected by

Muhammad Mahdi al-Kharasani, printing date unknown, Tehran, Dar al-Kutub alIslamiyah (Publishing House), 1396 AH, vol. 97, p. 80.
Lesson [4]
Is the view of Wilayat al Faqih

modern or ancient?
Anyone lacking sufficient knowledge might think
that the view of Wilayat al Faqih according to the Shiite
sect and the Shiite scholars has developed due to the
progressing events. This issue seems odd in shade of
the explicit reasonable evidences of Wilayat al Faqih.
Is it possible for this demand of such reasonable
clarity that reached the level of the special intuition to
be ignored by the advanced Shiite scholars? No. Some
of them might even generalize this issue to include
several contemporary jurists amongst them.
The history of the Shiites is full of oppression. The
Shiites over the past centuries have witnessed a crisis
of existence to the level that forced a large number
of Shiite scholars to flee their homes such as Sheikh
Tousi (RIP) who sought refuge in holy Najaf fearing for
his personal security. Therefore, was this history the
57
reason behind the non-exposure of Wilayat al Faqih in

the scripts of the previous scholars?
58
Answer: The social situation pressurizing the

Shiites might have played a role against the spread
of such thesis among them, especially that its general
presentation would mean that the present authority or
power is illegal because the legality of the authority
remains limited to Wilayat al Faqih. One cannot hide
the fact that this issue can negatively influence the
presentation of the thesis of the general leadership of
the just jurist.
Add to this the past circumstances that could have
rendered the presentation of Wilayat al Faqih a part of
the afflictions and trials of the Shiites and their scholars
during certain periods.
I can recall our great teacher Kathem al-Haeri (RIP)
saying in one of his lectures: Imagine someone
giving a lesson at this time about how Islam should
deal with the slaves and bondmaids. Who would be
enthusiastic to attend that lesson? It is obvious that
no student would be enthusiastic about attending
because it is irrelevant to the issues that try the
society. He (RIP) added saying: Wilayat al Faqih
has been present at all times and was an issue of
trial similarly to the issue of dealing with the slaves
and bondmaids at this time.
Despite all the past events, several Shiite scholars

wrote with their pens the notion of Wilayat al Faqih in
a variety of wide social circles. We can see them in the
following sayings:
Sheikh Mufid (RIP) (413 A.H.)
Sheikh Mufid (RIP) said in his book al-Wasiyyah

[The Commandment] after addressing the issue of
a testator who dies without writing a will that defines
the beneficiary, if the just authority becomes
nonexistent pertaining to the aforementioned
subjects, the righteous jurists of righteousness
amongst the people of intelligence and merits have
the right to administer what the authority had
administered(1)
Sheikh Toussi (RIP) (460 A.H.)
He (RIP) said regarding the book al-Khilaf

[argument]: The governor is simply assigned in
order to collect the rights, preserve them, and avoid
misuse.(2)
Sheikh Ibn Idris al-Hulli (RIP) (598 A.H.)
He (RIP) commented on the previous words of

Sheikh Mufid (RIP) regarding al-Muqannaah [The
(2) AT-TOUSSI, Muhammad, al-Khilaf (The Dispute), audited by Ali al-Kharasani,
Jawad Ash-Shahrastani and Muhammad Mahdi Najaf, first edition, Qum, Moassasat
An-Nashr Al-Islami (Publishing House), 1417 A.H., vol. 6, p. 236.
59
60
Disguised] saying: The sect necessitates that

when there is no authority that can take care of this
issue, it then pertains to the jurists amongst his Shiites
of expertise and righteousness. They [the Imams
(pbut)] passed these issues to them for administration.
Therefore, no one other than the Faqih can undertake
this task in any form. Should someone do so, all his
decisions remain non-executable because decisionmaking does not belong to him in any form. On the
other hand, if the task is performed by the Faqih,
all his performances maintain correctness, and are
deemed permitted and executable.(1)
In regards to another paragraph of the book As-Saraer
(The Inner Feelings) he said, The decision maker
regarding the issues of the Muslims and their governors
has the right to appoint someone who can demand
the rights of the mentally ill, orphans, and mentally
retarded, argue on their behalf and in their favor.(2)
Researcher al-Hilli (RIP) (676 A.H.)
He (RIP) regarding the book Sharae al-Islam

(The Laws of Islam) said in a conversation about
someone who found a camel with food and water
without finding its owner: must hand it over to
(1) IBN IDRIS, al-Hilli, As-Saraer (The Inner Feelings), second edition, Qum, Moassasat
An-Nashr Al-Islami (Publishing House), 1414 AH, vol. 3, p. 194.
(2) Same previous source, vol. 2, p. 90.
the governor because he is appointed to define the

interests.(1)
Scholar al-Hilli (RIP) (726 A.H.)
Commenting on Zakat al-Fitrah (Breaking fast Tax

of Lesser Bairam) in the book Tazkirat al-Fuqahaa
(The Memento of the Jurists) he (RIP) said,
However, it is desirable to be paid to the Imam (pbuh)
or his deputy because he has a better knowledge for
its expenditure. If it is difficult it should be paid to
the trusted Faqih of the Imamate Jurists; they have
a better knowledge for its expenditure and they
are the deputies of the Imam.(2) He (RIP) added,
The authority here points to the fair Imam or the
licensee of the Imam.(3)
On the book Mukhtalaf Ash-Shia [Shiites

Varieties], he (RIP) discussed the acceptable letter of
Umar Bin Hanthala saying, Let alone other speeches
that pointed to the legalization of governance to the
jurists, which is general regarding the establishment
of punishments and other laws.(4)
(1) AL-HILLI, Jafar, Sharae al-Islam (The Laws of Islam), second edition, Tehran,
Intisharat Istiqlal (Publishing House), 1409 AH, vol. 4, p. 804.
(2) AL-HILLI, Hassan, Tazkirat al-Fuqahaa (The Memento of the Jurisprudents), printing
edition unknown, publishing place unknown, Manshourat al-Maktaba Ar-Radawiyah
(Publishing House), printing date unknown, vol. 1, p. 251.
(3) Same previous source, vol. 2, p. 592..
(4) AL-HILLI, Hassan, Mukhtalaf Ash-Shia (The Shiites Varieties), audited and published by Moassasat An-Nashr Al-Islami (Publishing House), first edition, 413 A.H.,
vol. 4, p. 4646.
61
In the same book, he (RIP) mentioned the phrase of

Sheikh Mufid (RIP) that was stated previously in the
commandment book. He annexed it with these words,
and he was followed by Abu As-Salah and Ibn
Idris; and this is authentic.
62
He (RIP) said in the book Muntaha At-Talab

(Utmost Desire), and it has been established
that the jurists can rule the people and therefore
can establish the punishments. The suspension of
punishments during the occultation of the Imam
results in corruption if they are not established.
Hence, this issue has been legitimatized and remains
powerful for me.(1)
After saying that the best action is in paying the
Zakat to the Imam (pbuh), he (RIP) said in the book
Nihayat al-Ahkam (The Conclusion of Verdicts),
if the Imam (pbuh) is unreachable, the priority
is in paying it to the trusted Faqih. The same issue
applies during the occultation. He [Faqih] has the
best knowledge of its destination, as he is the deputy
of the Imam (pbuh). Therefore, he governs whatever
he governs.(2)
(1) AL-HILLI, Hassan, Muntaha At-Talab (Utmost Desire), printing edition unknown,
publishing place unknown, printing date unknown, vol. 2, p. 995.
(2) AL-HILLI, Hassan, Nihayat al-Ahkam (The Conclusion of Verdicts), audited by
Mahdi Ar-Rajaei, second edition, Qum, Ismaelyan Foundation (Publishing House),
1410 AH, vol. 2, p. 417.
Ash-Shaheed Al-Awal (RIP) (876 A.H.)
He (RIP) said regarding the book Al-Qawaed wa

Al-Fawaèd (The Rules and Benefits), this is
because the meeting is necessary for the taxpayers
as it is a point of dispute. Therefore, a conclusion
must be reached. The solution is the Shariah
that acquires a ruler, which is the Imam and his
deputies.(1)
He (RIP) also said regarding the book Ad-Durus
Ash-Shareyah (The Legal Lessons), The
establishment of punishments and penalties is the
responsibility of the Imam (pbuh) or his deputy, even
in general. Hence, during the occultation period, the
Faqih, with the legal descriptions explained later,
has the right, to establish them with force.(2)
Researcher al-Karaki (RIP) (940 A.H.)
He (RIP) said in his thesis which he wrote at

the time of Salat al-Juma (Friday Prayer), Our
companions, may Allah be pleased with them, agree
that the Imami and just Faqih, who possesses the
jurisprudence qualifications or is renowned as a
(1) ASH-SHAHEED AL-AWAL, Muhammad Bin Makki, Al-Qawaed wa Al-Fawaèd
(The Rules and Benefits), printing edition unknown, Qum, Manshourat Maktabat alMufid (Publishing House), vol. 1, p. 38.
(2) ASH-SHAHEED AL-AWAL, Muhammad Bin Makki, Ad-Durus (the Lessons), audited and published by Moassasat An-Nashr Al-Islami (Publishing House), first edition, Qum, 1414 AH, vol. 2, p. 47.
63
Mujtahid (learned jurist) in the legal laws, has been

deputized by the righteous Imams (pbut) during
the occultation period pertaining to all matters
requiring intervention by the deputy(1)
He (RIP) also said in the same thesis, the trusted
Faqih is assigned by the Imam (pbuh). This is
why his rules are valid and he must be assisted to
establish the punishments.(2)
Ash-Shaheed ath-Thani (RIP) (965 A.H.)
64
He (RIP) said in the book Masalik al-Afham

(Ways of Realization), the meaning of Faqih
when granted guardianship is: the collector of the
prerequisites of jurisprudence; for that reason,
he is assigned to deal with public interests.(3)
He (RIP) said also in the same book, The one
intended is the just ruler, his special deputy, or his
general deputy, should the first two be unreachable.
This is the Faqih, which qualifies for the terms
of jurisprudence and justice. In fact, he has been
assigned as a public governor because the Imam
(1) AL-KARAKI, Ali, Rasael al-Karaki (Karakis Theses), audited by Muhammad alHassoun, first edition, Qum, Ayatollah al-Uthma al-Marashi Library, 1409 AH, vol.
1, p. 13.
(3) ASH-SHAHEED ATH-THANI, Zein Ed-Dean bin Ali, Masalik al-Afham (Ways of
Realization), audited and published by Moassasat al-Maarif al-Islamiyah, first edition, Qum, 1413 AH, vol. 1, p. 427.
(pbuh) assigned him. The issue does not relate to

the personality. Instead, it relates to their saying:
examine the one amongst you who has narrated
our speech(1)
He (RIP) also said in the same book, This

entire issue applies if he did not collect it from the
authorized ruler or his appointee. Otherwise, it is
strongly satisfactory if it occurs by the permission of
the endowment supervisor who is the deputy of the
Muslims. This in fact is his endowing responsibility
even if the issue relates to the mosque and cemetery.
In addition, he is the governor of the common
interests...(2)
He (RIP) said in the book Rawd al-Jinan (The

Gardens of Heavens), This is due to the fact
that the legal Faqih is assigned by the Imam (pbuh)
in general; and due to the words of As-Sadiq (pbuh)
found in the acceptable letter of Umar Bin Hanthala:
( and I assigned him a ruler for you)(3). Hence, a
judge appointed by them concerning one person is
a judge for the entire public. This will make way
for his rules to be valid and he must be assisted to
establish the punishments.(4)
(4)ASH-SHAHEED ATH-THANI, Zein Ed-Dean bin Ali, Rawd al-Jinan (the Gardens of
Heavens), printing edition unknown, Qum, Moassasat Al Albayt (Publishing House),
printing date unknown, p. 290.
65
Al-Muqaddas al-Ardabili (RIP) (993 A.H.)
He (RIP) said in the book Majma al-Faedah walBurhan (The Collection of Benefit & Proof), The
people cannot be left without law and order, which
proves the necessity of a guardian. Therefore, no
one has more right than he does and no one can
match him regarding knowledge and piety that are
nonexistent in others.
66
Because the scholars are the inheritors of the

prophets, there is no doubt that this task belongs
also to them, which in principle belongs to the Imam
(pbuh). It is similar to the undisputed authority.
Allah knows better. This issue has been a point of
agreement in the book Sharh Ash-Sharae (The
explanation of the laws).(1)
At-Tastari (RIP) (1019 A.H.)
He (RIP) said in the book Ehqaq al Haq

(The Enforcement of Justice), and the
Ethnaashariya [Followers of the 12 Imams]
believe that the Mujtahid (learned jurist) with
the qualifying terms is the deputy of the Imam
(pbuh) during his absence. In addition, he is the
ultimate ruler and governor. To him belongs
(1) Collection of Benefit & Proof), audited by Mujtaba al-Iraqi, Ali Banah al-Ashtahardi
and Hussein al-Yazdi al-Asfahani, first edition, Qum, Moassasat An-Nashr Al-Islami
(Publishing House), vol. 9, p. 230.
what belongs to the Imam (pbuh) such as judging

the lawsuits and governing the people. Anyone
challenging him challenges the Imam (pbuh), and
anyone challenging the Imam challenges Allah the
Exalted, which almost reaches the level of making
associates with Allah, as it was quoted from alSadiq (pbuh). The Imam (pbuh) gave this rank of
general presidency to the Mujtahid in order that he
represent him during his absence. This is why he is
called the deputy of the Imam.(1)
Al-Fayd al-Kashani (RIP) (1091 A.H.)
He (RIP) said in the book Mafateeh Ash-Sharae
(The Keys of Laws), and in total, the issue
necessitates the enjoining of what is right and the
forbidding of what is wrong; helping one another
towards righteousness and piety, ruling the people
with justice, establishing punishments and penalties,
plus other religious polices that are necessities of the
religion.
These represent the greatest volume of religion
and the important task for which Allah has sent the
prophets. Should they be abandoned prophecy would
be neutralized, religiousness would vanish, languor
(1) AL-MARASHI AN-NAJAFI, Shehab Ad-Dean, Sharh Ehqaq al Haq (Explaining the
Enforcement of Justice), first edition, Qum, Manshourat Maktabat Ayatollah al-Uthma
al-Marashi an-Najafi (Publishing House), 1415 A.H., vol. 29, p. 111.
67
would prevail, deviation would spread, ignorance

would circulate, countries would ruin and the creation
would be doomed The trusted jurists have the right
to establish them during the absence of the Imam based
on the entitlement of the deputyship.(1)
Sheikh Jafar Kashif al Ghataa (RIP) (1228 A.H.)
68
In his conversation about the open lands, he (RIP) said

in the book Kashf al Ghataa (The Unscreening),
their matter belongs to him (The successor of
the Prophet (pbuh&hh)) or his private deputy
If the caliphs power is not in place, the general
deputy of the notable scholars must take his place;
hence, no one has the right for disposal but by his
permission and administration with his facilitated
consultation(2)
Sayyid Ali At-Tabatabaei (RIP) (1231 A.H.)
In his conversation about al-Laqeet (the foundling), he

(RIP) said in the book Riyad al-Masael (The Gardens
of Issues): and his case belongs to the governor
as the adult due to his general guardianship, which
is also similar to the safekeeping of the mentally
(1) AL-KASHANI, al-Fayd, Mafateeh Ash-Sharae (The Keys of Canons), audited by
Mahdi Ar-Rajaei, printing edition unknown, Qum, Majma Ath-Thakhaer al-Islamiyah
(Publishing House), 1401 A.H., vol. 2, p. 50.
(2) KASHIF AL-GHATAA, Jafar, Kashf al Ghataa (The Unscreening), printing edition
unknown, Asfahan, Intisharat Mahdawi (Publishing House), printing date unknown,
vol. 2, p. 413.
retarded, the funds of the absent, and the rest of the

public interests(1)
Researcher An-Naraqi (RIP) (1245 A.H.)
He (RIP) said in the book Awaed al-Ayyam (The

Gains of Days), anything that belongs to the
Prophet (pbuh&hh) and the Imam (pbuh), the
guardians over the people and the fortress of Islam,
belongs also to the Faqih except that which is proven
otherwise unanimously or proven otherwise by the
script or other similar materials.(2)
He (RIP) also said in the book Mustanad Ash-Shia
(The Predicate of the Shia), Justice is a duty
shouldered by those entitled [to be deputies] at the
times of absence in total and based on the nations
concord. This is also a religious necessity because
the system of man depends on it Consequently,
the presence of a governor amongst them [the
people] is a necessity in order to extract justice
from the unjust in favor of the wronged as well as
deter the unjust from his wickedness. This issue also
necessitates enjoining right conduct and forbidding
(1) At-Tabatabaei, Ali, Riyad al-Masael (The Gardens of Issues), audited and published
by Moassasat An-Nashr Al-Islami (Publishing House), first edition, 1422 A.H., vol.
12, p. 276.
(2) RESEARCHER AN-NARAQI, Ahmad, Awaed al-Ayyam (The Benefits of Days),
audited by Markaz al-Abhath wa Ad-Dirasat al-Islamiyah (Research and Study Center), first edition, publishing place unknown, Markaz An-Nashr, a branch of Maktab
al-Elam al-Islami (Islamic Media Bureau), 1417 A.H., p. 536.
69
indecency, which was also commanded by the holy

book and prophetic tradition. Allah the Exalted said
(And it was said unto him): O David! Lo! We have
set thee as a viceroy in the earth; therefor judge
aright between mankind(1) Allah the Exalted also
said Lo! We reveal unto thee the Scripture with the
truth that thou mayst judge between mankind by
that which Allah showeth thee(2)(3)
Sheikh Hassan An-Najafi (RIP) (1266 A.H.)
70
He (RIP) said in the book Al-Jawahir (The

Jewels), if it were not for the comprehensive
guardianship many issues pertaining to their Shiites
would have remained neutralized. Therefore, it
is strange when some people insinuate evil ideas
regarding this issue.
It is as if someone who has never tasted the taste of
jurisprudence, never understood anything of their
words and symbols, or never contemplated on the
aim behind their saying:and I assigned him a ruler
for you (4), a judge, authority and successor plus
other similar issues that mirror the administration
of the Shiites during the times of absence. In total,
(1) The holy Quran, Surat d (The Letter Saad), verse 26.
(3) RESEARCHER AN-NARAQI, Ahmad, audited and published by Moassasat Al al
Bayt, first edition, Qum, 1419 A.H., vol. 17, p. 10.
the issue is one of the obvious matters that does not

require proof.(1)
Sheikh Murtada al-Ansari (RIP) (1281 A.H.)
He (RIP) said in the book Al-Qadaa wa ash-Shahadat

(Justice and Testimonies), The previous reports
apparently mirror the influential reign of the
Faqih regarding all legal judgments as well as their
private matters in regards to the resulting verdicts.
The traditional understanding of the expression
governor is the ultimate authority. This is similar to
a sultan telling the citizens of a certain town: I have
made so-and-so a ruler for you; this points to his
domination over the citizens regarding all relevant
issues that go under the orders of the sultan, partially
or completely. This is supported by: alternation from
the expression referee to the expression ruler,
knowing that it would have been more suitable - based
on the context of his words: Satisfy with him as a
ruler- for him to say:and I have appointed him a
governor for you If we wish to indicate more to
the signature and the acceptable letter with further
clarification, we say, there is no dispute regarding the
influence of the verdict of the governor regarding the
private matters when they are a point of dispute.
(1) SHEIKH AL-JAWAHIRI, Jawahir al-Kalam (The Jewels of Speaking), audited by
Abbas al-Kojani, third edition, Qum, Dar al-Kutub al-Islamiyah, 1362 A.H., vol. 21,
p. 397.
71
At this point, we say that the reason of the Imam

(pbuh) points to the necessity in being satisfied with
his governance regarding the disputes by making him
an ultimate ruler and authority as well. This issue
indicates that his verdict regarding the disputes and
facts is part of his ultimate governance and general
authority. Hence, it is not specialized for the disputed
matters alone.(1)
Al-Mirza An-Naini (RIP) (1315 A.H.)
72
He (RIP) said in the book Tanbih al-Ummah

wa Tanzih al-Mullah (Warning the Nation and
Clearing the Sect, Based on the principles of our
sect, we believe that the affairs of the nation and its
policies belong to the general deputies during the
occultation period.(2)
He (RIP) said in the same book, Among the constancies
that exist within our sect our Imamate sect during
the occultation period are the guardianships that
we name al-Hisbah tasks, the negligence of which
does not please the Lawmaker. We believe that the
deputation of the jurists during the occultation period
(1) AL-ANSARI, Murtada, Al-Qadaa Wash-Shahadat (Justice and Testimonies), audited
by the audit commission, first edition, Qum, Baqiri, 1415 A.H., p. 48-49.
(2) AL-MIRZA AN-NAINI, Muhammad Hussein, Tanzeeh al-Ummah wa Tanzeeh alMullah (Warning the Nation and Clearing the Sect, translated by Abdul Hussein Al
Najaf, printing edition unknown, Qum, publisher unknown, printing date unknown,
p. 107.
represents a standard of confidence. It is also an

established necessity even if their general deputyship
regarding all positions has yet to be proven. The
Lawmaker has no desire to see dysfunction of the
system and disappearance of the light of Islam. On the
other hand, the Lawmaker is interested in preserving
and organizing the Islamic countries more than His
interest in the other issues of al-Hisbah.
At this point, the deputation of the jurists and
general deputies is undoubtedly proven for us
during the occultation period pertaining to the
foundation of the aforementioned tasks.(1)
Al-Agha Muhammad Rida al-Hamadani (RIP) (1322 A.H.)
He (RIP) said in the book Mesbah al-Faqih (The

Lantern of the Jurist), However, out of prudence,
the signed report quoted from the Imam of our
present age (may Allah the Exalted hasten his
advent), appears to be solid evidence of appointment.
This is the assignment of the jurist, who adheres to
their reports. His position necessitates that all Shiites
refer to him regarding all matters as if referring to
the Imam (pbuh). Consequently, his Shiites will not
remain confused during the times of occultation.(2)
(2) AL-HAMADANI, Agha Rida, Mesbah al-Faqih (The Lantern of the Jurisprudent),
printing edition unknown, publishing place unknown, printing date unknown, vol. 3,
p. 160.
73
Sheikh Muhammad Rida al-Muthaffar (RIP) (1383

A.H.)
74
He (RIP) said in the book Aqaed al-Imamiyah

(The Tenets of the Imamate), Our tenet recognizes
the Mujtahid (learned jurist) who enjoys the
prerequisites of the deputy of the Imam (pbuh)
during the occultation period, and he is the governor
and ultimate ruler In fact, he has the general
guardianship. Hence, he is the authority regarding
governance, judgment and justice Moreover, no
punishments or penalties are permitted but by his
command and judgment.(1)
Sayyid Hussein Brujardi (RIP) (1383 A.H.)
He (RIP) said, Anyone who follows up the laws

and regulations of Islam will realize that it is a
political and social religion.
Its laws are not limited to pure religious services.

For this reason, the private and public agreed to the
necessity of an existing politician and leader within
the periphery of Islam who can administer the affairs
of the Muslims. In fact, this is a necessity of Islam.(2)
(1) AL-MUTHAFFAR, Muhammad Rida, Aqaed al-Imamiyah (The Tenets of the
Imamate), printing edition unknown, Qum, Intisharat Ansaryan, printing date unknown, p. 34.
(2) AL-MUNTATHARI, Muhammad Hussein, Dirasat Fee Wilayat al-Faqih Wifq AdDawla al-Islamiyah (Studies in the Guardianship of the Jurisprudent in Concordance
with the Islamic State), first edition, World Center for Islamic Studies, 1408 A.H. (Part
of the decisions of the research of Sayyid Brujardi, written by Sheikh al-Muntathari),
vol. 1, p. 456.
He (RIP) also said in the session of his jurisprudential

research, In this sense, if assignment is established
by them [the jurists] without neglecting these
important issues, the ignoring of which pleases not
the Lawmaker, especially with their concern toward
the needs of the Shiites during the occultation
period, then there is no alternative but to appoint
a Faqih (Jurist) to undertake this task. No one said
that another person [other than the infallible Imam]
should be appointed. Therefore, the issue swings
between the non-assignment and the assignment of
the just Faqih. Should the first be proven wrong as
we mentioned earlier, the appointment of the Faqih
becomes solid. Hence, the acceptable letter of Ibn
Hanthala represents another piece of evidence.(1)
Sayyid Muhammad Hussein At-Tabatabaei (RIP)
(1402 A.H.)
He (RIP) said in the book Al-Mizan (The Scales),

Guardianship over the nation is indispensable
when it comes to religion and this is obvious without
any ambiguity. How can a delusional person
fantasize that the religion which decides, with its
spaciousness for mankind in general throughout the
regions and countries, all the issues that relate to
the original knowledge, fundamentals of creation,
75
and general and secondary laws concerning all

movements and stillness of mankind with its
individuality and unanimity unlike all the general
laws does not require a guardian who can guard
the rights?
76
Or fantasize that the Islamic nation and religious

community is excluded from all other human
communities and could survive without a guardian
who could take care of their affairs or a manager who
could manage their issues or a captain who could steer
their course?(1)
Sheikh Bahjat (RIP) (1430 A.H.)
In his reply to a reasonable question about Wilayat

al Faqih, he said, No more than three hypotheses
could be hypothesized regarding this issue:
1- The neutralization of Allahs book as well as the

neutralization of the rules of the religion and its
laws.
2- Keeping the mentioned issues Allahs book, rules,
etc in their same condition means that they are
the method that will maintain itself by itself.
3- That a president, governor and exegete should

exist, representing the guardian, the Mujtahid and
qualified person with all the prerequisites.
(1) AT-TABATABAEI, Muhammad Hussein, Tafsir al-Mizan (The Scales Interpretation), fifth edition, Beirut, al-Alami (publishing house), 1983, vol. 6, p. 48.
The first hypothesis is invalid and unaccepted by the mind

and tradition. The clear religion of Islam is the conclusion
of all religions. Consequently, it remains a guidance and
constitution for the nation until the end of humankind.
The second hypothesis is also invalid because the law
cannot implement itself by itself. Instead, it requires a
person or persons who can preserve and execute it.
The third hypothesis is the only one remaining. Hence,
we can say that the Islamic community requires a guardian
who can administer all its affairs and dimensions.
On the other hand, it is obvious that the community
requires several formations such as army, cultivation,
education, courts, etc Therefore, the power of the
Jurist Guardian must be effective regarding all material
and spiritual affairs.
In conclusion, the Jurist Guardian must be empowered
similarly to the infallible Imam except in the matters that
pertain to the Imam being infallible. This way he can
implement Islam in the community. Otherwise, in case
of the nonexistence of the governments installations,
the enemies will not allow the implementation of the
Islamic rules and laws.(1)
(1) BAHJAT, Muhammad Taqi, Q&A for Ayatollah al Uthma Bahjat; transcribed from:
ALHAIDAI, Wadei, Wilayat al-Faqih wa al-Hukumah al-Islamiyah fee Asr alGhaibah (The Guardianship of the Jurist & the Islamic Government during the Occultation Period), fourth edition, Beirut, Moassasat At-Tarikh al-Arabi (Publishing
House), 1433 A.H., p. 74-76.
77
Al-Mirza Jawad At-Tabrizi (RIP)
In his reply to a legal question he (RIP) said, The

issues of al-Hisbah with their wide range one of
which or the most important of which is: running
the system of the country.(1)
Sayyid Ali As-Sistani (May he live long)
In his reply to a question regarding Wilayat al Faqih,
he said, The guardianship holds two sections:
78
1- The general (comprehensive) guardianship: it means

that the guardian is in charge of each believer more
than the believer himself is. This issue is solely
established for the infallible Imam.
2- Guardianship regarding the general issues upon
which rests the preservation of the communal system
pertaining to economic, political and executive
issues. This is established for the just Faqih if he
qualifies with the following two conditions:
A- He must be able to supervise the administration
of public affairs. This guardianship cannot be
established for the Faqih who supervises these
issues while another supervising Faqih exists.
B- He must be elected by the renowned jurists or by
the people or be acceptable to the public majority
(1) AT-TABRIZI, Jawad, Sirat An-Najat (The Road to Salvation), vol. 1, p. 10.
even if no actual election took place.(1)

In his reply to the following question: What are the
limits of the governance of the ruler and the boundaries
of its execution regarding those who imitate others? He
said, The instructions of the one established with
the guardianship from amongst the jurists apply to
everyone regarding al-Hisbah matters. They even
apply regarding the public matters upon which
rests the system of the Islamic community.(2)
Replying to another question, he said, Wilayat al
Faqih, if it is established for someone, it is limitless
pertaining to the geographic zone.(3)
Sayyid Kathim al-Haeri (May he live long)
He said in the book Al-Imamah wa Qiyadat

al-Mujtama (The Imamate & Leadership of the
Community), The concept of the Imamate with
its comprehensive leadership of the community and
(1) A copy of this script was taken from the office of his eminence in sacred Qum (transcribed from: ALHAIDARI, Wadei, Wilayat al-Faqih wa al-Hukumah al-Islamiyah
fee Asr al-Ghaibah (The Guardianship of the Jurist & the Islamic Government during
the Occultation Period), p. 53-54).
(2) Book Al-Fawaèd al-Fiqhiyah (The Jurisprudential Benefits), Vol. 1, P. 36, Q. 43.
(Transcribed from: ALHAIDARI, Wadei, Wilayat al-Faqih wa al-Hukumah al-Islamiyah fee Asr al-Ghaibah (The Guardianship of the Jurist & the Islamic Government during the Occultation Period), p. 54.)
(3) Book Al-Fawaèd al-Fiqhiyah (The Jurisprudential Benefits), Vol. 1, P. 53, Q. 93.
(Transcribed from: ALHAIDARI, Wadei, Wilayat al-Faqih wa al-Hukumah al-Islamiyah fee Asr al-Ghaibah (The Guardianship of the Jurist & the Islamic Government during the Occultation Period), p. 55.)
79
its extension on the line of guardianship is truly a

motivating and sensational concept of wide field and
profound depth. On one hand, it forms a sectarian
and doctrinal principle for the Shiites.(1)
Sheikh Jawadi al-Aamili (May he live long)
80
The previous sayings explain to us the saying

of Sheikh Jawadi al-Aamili in his book Wilayat
al Faqih Wilayat al-Faqaha wa al-Adalah (The
guardianship of the jurist is the guardianship of
jurisprudence and equity). He said, No jurist
of us rejects ultimately the guardianship of
another jurist. Therefore, when the jurists say no
guardianship is designed for a jurist they mean that
he was never a guardian in the first place. In other
words, this was never a feature of his and was never
designed for him in order to go ahead with the
formation of a government. However, these same
jurists continue to accept the guardianship for the
qualified Faqih out of al-Hisbah matter. Therefore,
if there is a nation willing to conduct the divine laws
and commands, and the base was convenient, the
Islamic government in this condition becomes one
of the divine significant matters that are presented
and required by the Lawmaker. In such hypothesis,
(1) AL-HAERI, Kathim, Al-Imamah wa Qiyadat al-Mujtama (The Imamate & the Leadership of Community), p. 13.
no one claimed the irresponsibility of the Faqih and

the unnecessity of conducting the divine rules with
the existence of the aiding prerequisites.
Even intellectual scholars and jurists of the lowest
rank who oppose Wilayat al Faqih consider that
the guardianship is necessary based on the stated
prerequisites and out of al-Hisbah issue. Initially
they do not invalidate the rules or say that the
people may opt to do whatever they wish or that it is
possible to conduct eastern or western laws, which
oppose the religion, in place of the rules of Islam.(1)
(1) AL-AAMILI, Jawadi, Wilayat Faqih wa Wilayat Faqaha wa Adalah, first edition,
Qum, Markaz Israa (Israa Center), p. 406 (The script is in Persian and was translated
by: ALHAIDARI, Wadei, Wilayat al-Faqih wa al-Hukumah al-Islamiyah fee Asr
al-Ghaibah (The Guardianship of the Jurist & the Islamic Government during the Occultation Period), p. 38-39).
81
Lesson [5]
Why was Wilayat al Faqih

alienated?
Anyone acquainted with the indications to Wilayat
al Faqih al-Aammah (the general guardianship of the
jurist) should easily discover it through its reasonable
evidence. He may even realize its truth as selfevident as stated by the late Imam Khomeini (RIP).
Therefore, he will wonder about the reasons behind its
alienation by the Islamic schools of higher education
(Hawzat) in the past prior to its installation by Imam
Khomeini (RIP). It is as though its adoption had been
ignored despite the previous positive stances that we
learnt from a large number of scholars pertaining to
the general guardianship of the jurist. Therefore, how
can we harmonize between this issue coupled with its
axiomatic intelligibility and its alienation over a long
period of the Shiite history?
83
Answer:
84
Imam Khomeini (RIP) pointed at the beginning of

his book al-Hukumah al-Islamiyah (The Islamic
Government) to two general issues behind the
reasons for its alienation. They are the conditions of
the Muslim community in general and the conditions
of the Islamic schools of higher learning in particular.
He (RIP) said, Wilayat al Faqih is a clear scientific
concept that may not require proof. In other words,
whosoever learns the laws and creeds of Islam will
see its truism. However, the situation of the Muslim
community added to the situation of our Islamic
learning compounds in particular separated this
issue from its descriptions in order to return, in our
present day, to the requirement of its proof.(1)
Imam Khomeini (RIP) elaborated on these two
reasons, as we will observe in the pages of the following
detailed discussion explaining the reasons for the
alienation of Wilayat al Faqih, which was reinstated by
Imam Khomeini (RIP) in the shade of the alienation of
The Islamic Government in the Shiite community.
We present this issue under the following titles:
External Elements
1- The Jewish Movement
The Jews have afflicted the Islamic movements

since the beginning when they initiated their counter
activities against these movements, aspiring to defame
the reputation of Islam as well as fabricating accusations
against it. Their activities continue in our present time.
2- Colonialism
The colonists realized that the greater hindrance to

the achievement of their aspirations was Islam with its
laws and creeds. Consequently, they attacked it and
designed all kinds of fabrications and cunnings against
it.
Colonialism sought assistance from the polytheists
and media to accomplish their aims while focusing
on the Muslim intellects in order to distance them as
far as possible from the original Islam of Muhammad
(pbuh&hh).
Consequently, they planted within Muslim
communities suspicions defaming the image of Islam
within their minds. Here we present some of these
suspicions:
85
I- The separation of Islam from the governing system

while confining it to the laws of the individual.
Whenever they were embarrassed with social
legislation, they would say that it is ineffective and
this is why Islams role is limited to the legislation
of the individual alone.
II- The roughness of the judicial verdicts of Islam,
leading to the enactment of new constitutions and
laws, which they imported from the west.
86
III- The inequity of a number of Islamic rules relating

to women and the inheritance system.
Internal Elements
A number of elements within our communities

contributed to some extent to the alienation of Wilayat
al Faqih. Although, they were unintentional, yet they
played a certain role in the incidence of such alienation.
They are:
1- The improper implementation of regimes claiming
Islam
The people witnessed a negative experience in

countries that had claimed to be ruling in the name of
Islam. The improper implementation coupled with the
deliberate defamation by the media in an attempt to
magnify this issue as well as cause the public to reject
the concept of the Islamic government.
2- The religious compositions in recent decades
Imam Khomeini (RIP) brought attention to the great

difference between the holy Quran and the modern
books, and between the jurisprudential scientific
messages and other religious compositions.
The Quran and the traditional accounts are rich with
scripts relating to sociology, economy, prudence, social
policies and human rights. These scripts exceeded
the needs relating to the individual dimension of
man. We can notice that the practical messages [of
the Jurists], compared to other writings concerning
external research, focus on the individual aspects much
more than focusing on the social aspects. This issue
explicitly mirrors an effect on the viewpoint towards
the governance of Islam over the community.
At this point, we indicate to several scholars who
perhaps neglected to mention the rules and causes
relating to the Islamic government due to their
excluding the concept of erecting such a government
because of the tyranny that befell them along with the
people before them.
3- Wilayat al Faqih in Kitab ar-Ribh (The Book of
Gains)
Perhaps, one of the issues that increased the alienation

of Wilayat al Faqih concerned the understanding of
87
the religious book, the teaching of which began in the

Hawza at the time of its leader Sheikh Murtada alAnsari (RIP), born 1214 A.H., died in 1281 A.H., and
which continues to be taught to religious students of
Islamic higher education. This is Kitab ar-Ribh (the
book of gains.)
88
The fact that Sheikh Ansari was among those

recognizing the general guardianship of the jurist
based on his past statement , he, in his own style of
sharpening the minds of the scholar students discussed
evidence for the traditional Wilayat al Faqih in the
book of gains, seeking support and signs based on two
meanings, which are:
Firstly - The guardians independent disposition. In
other words, he has an independent right in the first
place because he was the authorized owner of this issue.
This is the meaning of the comprehensive guardianship
that harmonizes with the guardianship of the Imams
(pbut).
Secondly - He must have the right over execution,
but not in the sense of the previously mentioned
independence, but in the sense that the acts of others
cannot take place but by his permission.(1)
(1) AL-ANSARI, Murtada, al-Makasib (The Gains), audited by the observation committee of the tradition of the greatest scholar, second edition, Qum, the world conference
for the hundredth commemoration of the birth of Sheikh al-Ansari, vol. 3, p. 546.
He discussed the significance of the traditional

evidence regarding the first meaning with his argument
that originally no one has the right to guardianship
over another. Hence, could not establish proof for it
and expressed the non-establishment of proof in a
harsh phrase, which reads, After all, establishing
the evidence that necessities obedience to the Faqih
equally like the Imam (pbuh) except the already
proven issues is like Khart al-Qatad.(1)
Khart al-Qatad is an Arabic expression which means
the peeling of thorny trees using bare hands.(2)
Regarding the second meaning, Sheikh Ansari (RIP)
discussed the evidence stated within based on his
viewpoint in order to reach the following conclusion:
Anyhow, it appears from our previous statements
that the findings of these evidences pointed to the
establishment of Wilayat al Faqih regarding issues,
the external legal findings of which are indisputable
in the sense that should the Faqih be disposed of
they would be sufficient for the people to conduct.(3)
(2) AL-FARAHIDI, Al-Khalil, Kitab al-Ayn (The Essence Book), audited by Dr. Mahdi
al-Makhzoumi and Dr. Khalil as-Samirraei, second edition, Beirut, Dar al-Alami
(publishing house), 1988, vol. 4, p. 215. / AL-JAWHARI, Ismael, As-Sihah (The Corrections), fourth edition, Beirut, Dar al-Elm Lil Malayeen (publishing house), 1987,
vol. 2, p. 512.
(3) AL-ANSARI, Murtada, al-Makasib (The Gains), vol. 3, p. 555.
89
Consequently, Sheikh Ansari did not reject Wilayat

al Faqih in an absolute manner. Instead, he accepted it in
all the reports, the external discovery of which remains
legitimized, rather even obligated in the absence of the
Faqih.
90
The effect of the book of gains in viewing Wilayat

al Faqih
The research on Wilayat al Faqih mirrored great
influence on the views of the scholar students towards
the general guardianship of the jurist pertaining to its
legal establishment. We can understand this issue in
the following points:
A- The book of gains has been taught for almost 150
years and its teaching continued in the Islamic
schools of higher education until our present day.
B- The scholar student studies this book prior to his
scholastic maturity, which distances him from the
circle of astonishment and tradition.
C- Sheikh Ansari (RIP) possesses a powerful
educational influence on the Hawza. For instance,
regarding the knowledge of the principles, he
possesses the quality of Sheikh (The scholar)
when they are abstractly released. Besides, he is
the owner of the quality The Greatest Scholar.
D- Next to his scientific influence, he is categorized
by his high ethics that render him a distinguished

paradigm for the students of religious higher
education. For instance, one day when suddenly
visited by the Shah he was not wearing his turban
and cloak.
When the Shah queried about his modest house
and his ascetic clothes, he replied, Dont think I do
not have a turban or a cloak. They are present but
hanging on the roof to be dried after washing.
He was also the man whose wife surprised him
in saying she could save some money from the little
amount he gave her from Sahm al-Imam (Islamic tax)
for the house expenditure. From these savings, she
managed to buy him a new cloak. Hence, Sheik Ansari
cried realizing at this point that he could have given
her less money prior to this incident, but he had been
unaware.
One cannot hide the fact that in adding these
ethical images to his supreme educational influence,
the person is moved by his book, which also contains
much greater issues.
I remember one day when I was discussing with
some of my brethren inside the Hawza in sacred Qum
the issue of Wilayat al Faqih. One of the scholars came
and said, Why discuss Wilayat al Faqih while the
91
greatest scholar said about it: Trying to establish it

is like Khart al-Qatad.
The book of gains (Kitab al-Makasib) had the
greatest influence on the alienation of Wilayat al Faqih.
Al-Ansari, the Heir of An-Najafi
92
The previous word of Sheikh al-Ansari regarding

Kitab al-Qadaa wa Ash-Shahadat (the book of justice
and testimonies), in which he (RIP) adopts recognition
towards the general guardianship of the jurist, draws
astonishment regarding its scholastic adoption by
Sheikh Hassan An-Najafi (RIP), the author of the book
Jawahir al-Kalam (The Jewels of Speech).
In his book, which does not recognize the general
guardianship of the jurist, he describes him [Sheikh
Ansari] as, Someone who tasted nothing of the
savor of jurisprudence.(1)
The biography of Sheikh An-Najafi (RIP) narrates that
one day he wanted to appoint the most expert authority
to succeed him. Hence, he summoned the notable
scholars in holy Najaf. At the meeting, he looked at
them and asked about Sheikh Murtada al-Ansari (RIP),
and he was summoned to that session. When the council
was in session, Sheikh Najafi pointed at him and said
(1) An-Najafi, Muhammad Hassan (Famed as sheikh al-Jawahiri), Jawahir al-Kalam (The
Jewels of Speaking), audited by Abbas al-Kojani, third edition, Qum, Dar al-Kutub
al-Islamiyah, 1365 A.H., vol. 21, p. 397.
to those present, this is the most expert to succeed

me.
The previously mentioned and the clear word of
Sheikh Ansari regarding the general guardianship of the
jurist harmonizes with his appointment by the author
of Al-Jawahir book. Hence, it is unlikely for the author
of al-Jawahir to appoint the most expert scholar of the
Shiites as an authority to succeed him while he, in his
opinion, tasted nothing of the savor of jurisprudence!
4- The psychological condition of the Hawza following
Thawrat al-Eshreen (The 1920 revolution)
The Hawzawists lived tens of years following the

1920 revolution in a condition of isolation from the
society, rejecting several innovative issues. Some of
the issues, told by the many people who experienced
this stage, expressed an odd psychological condition,
such as protesting the following: listening to the radio,
following the news by reading newspapers, allowing
children to join academic schools, wearing of hand
watch or exchanging traditional shoes for modern
ones etc.
Some people explained this weird psychological
condition as a reaction of the children of the Hawza
after the end of the 1920 revolution, which is deemed
as one of the merits of the Iraqis and scholastic schools.
93
94
Thawrat al-Eshreen (The 1920 revolution)

In 1914, the Britons occupied al-Faw followed by
Basra. Despite the severe suffering of the Iraqis by
the Turks, the scholastic Hawza decided to side by
them against the English invasion. Hence, the senior
religious authorities in Najaf, Karbala and Kadhimiya
released their legal verdicts regarding the duty in
defending the country and fighting the infidels and
invaders. On top of these authorities were al-Mirza
Muhammad Taqi Ash-Shirazi (Samarra), Sayyid
Muhammad Kathim al-Yazdi (Najaf), and Sayyid
Mahdi al-Haidari (Kadhimiya). In addition to their
releasing of the legal orders, the religious scholars
joined the fight.
From the city of Najaf to the city of Kadhimiya,
Sayyid Mustafa al-Kashani, Sayyid Ali al-Damad, and
the sheikh of the doctrine al-Asfahani, all traveled.
Besides, Imam Yazdi and Imam Shirazi each sent
some of their children to participate in the jihad. From
Kadhimiya, Sayyid Mahdi al-Haidari and Sheikh Mahdi
al-Khalisi traveled. From Najaf, Sheikh Muhammad
Said al-Habboubi traveled passing on his way the cities
of middle Euphrates inciting the crowds, collecting
weapons and ammunition and organizing the men in
the form of brigades for the fight.(1)
(1) KATHIM, Abbas, the revolution of Shaban the fifteenth, p. 68.
After the collapse of the Turkish state and the rise

of the English occupation, Imam Shirazi released his
verdict for jihad saying: If the English insist on
usurping your rights and exchanging your plea with
war, you must defend to the last breath; submission
to them with surrender is forbidden.(1)
Consequently, the 1920 revolution erupted
against the English occupation led by the scholars
of the scholastic Hawza. However, the difference
in equivalence between the forces plus the absence
of the leader after the death of al-Mirza Shirazi,
followed by the death of the Sheikh of the doctrine
(perhaps covertly assassinated), and other reasons,
rendered the Englishman capable of eliminating the
revolution.
The areas of the revolution, where the main centers
of the scholastic Hawza are stationed, received the
worst terror from the Englishman. Later, social solitude
by the children of the scholastic schools reigned. Their
focus centered on the educational aspect away from the
general causes of the society.
The movement of martyr Sayyid Muhammad Baqir
As-Sadr (RIP), which launched from rejecting that reality,
explains the social results inside the Hawza during the
period that followed the 1920 revolution. This issue
95
caused the Hawza to distance from presenting causes

pertaining to the Islamic government, increasing the
alienation of the discussion of Wilayat al Faqih.
96
Lesson [6]
What are the qualities of the

Jurist Guardian?
In general, three qualities of the Jurist Guardian have
been presented. They are expertise in law, equity, and
competence. Now, we explain these qualities in details.
Firstly - Experience in Law
It is self-evident that the governor who rules in the

name of Islam, based on the Islamic laws, must be
acquainted with these laws. How can one rule if he
does not possess such knowledge?
The governors knowledge can be attained in two
ways:
1- Jurisprudence and diligence, the governor himself
must be able to infer and extract the legal judgments.
2 - Imitation, he relies, in understanding these laws, on
one of the other jurists.
97
Jurisprudence regarding the religious script

Apart from the reasonable evidence and the
authenticity of its significance to the conditional
jurisprudence capability of the Waliy (guardian)(1),
some of the previous religious scripts mentioned the
conditional jurisprudence required by the Waliy. Here
we present some of these scripts:
98
1- The correspondence of Isaac Bin Ya'coub reads,

Regarding the occurring events, refer to the
narrators of our speech. The expression the
narrators of our speech points them as our
jurists. If a man is a narrator of tradition, this issue
does not qualify him to represent Imam Mahdi (may
Allah the Exalted hasten his advent) as an authority
over the people. In fact, there are narrators who do
not understand what they remember of the reports.
One expression reads, Many a man is a carrier
of jurisprudence while lacking jurisprudence.(2)
Therefore, on top of his narration of the tradition, he
must be a Faqih (Jurist) in order to be qualified for
this feature.
(1) Refer to: BARAKAT, Akram, Wilayat al Faqih Baynal Badaha Wal Ekhtilaf (The
guardianship of the jurist, amid intuition and difference), fourth edition, Beirut, Bayt
As-Siraj (Publishing House), 2012, p. 95.
(2) IBN HANBAL, Ahmad, Musnad Ahmad Ibn Hanbal, publishing edition unknown,
Beirut, Dar Sadir (publishing house), publishing date unknown, vol. 5, p. 183.
2- The acceptable letter of Umar Bin Hanthala, which

reads, and they refer to the one amongst you
who is a narrator of our tradition, a distinguisher
between our Halal (licit) and Haram (illicit), a
cognizant of our laws; and let them accept him
as a judge for I have appointed him a ruler for
you.(1)
Secondly - Equity
Entrusting the Faqih with the implementation of the

legal rules, based on their sources and in the correct
form that lacks all kinds of personal tendencies and
interests, requires that he be a man of equity. An
expression of Imam Khomeini (RIP) reads,
The ruler, if he is unjust, cannot be trusted and
might betray the trust while he with his family and
children control the people.(2)
Imam Khomeini (RIP) defines equity in his book
at-Taqlid (Imitation). He said, It is an ingrained
gift inspiring an inseparable piety, abandoning
wrongdoings and performing duties.(3)
51.
(3) AL-KHOMEINI, Ruhullah, IMAM AL-KHOMEINI, Ruhullah, Tahrir al-Wasilah,
second edition, holy Najaf, Dar al Kutub Al Elmiyyah (publishing house), 1390 A.H.,
vol. 1, p. 12.
99
Several reports indicated to the conditional equity of

the Waliy such as:
1- Muhammad Bin Muslim said, I heard Abu Jafar
(pbuh) saying: I swear in Allah O Muhammad,
anyone of this nation who does not recognize his
Gods appointed Imam, the apparent and just,
will become lost and astray.(1)
100
2- The commander of the faithful (pbuh) was quoted

as saying in the book Nahjul Balagha (Peak of
Eloquence), And youve learnt that the guardian
over the women, souls, gains, laws and Muslims
leadership must not be: the stingy who will be
greedy towards your funds; the ignorant who
will cause your deviation with his ignorance; the
discourteous who will sever them [the people]
with his rudeness; the unjust towards the states
who will favor one nation over another; the
bribed in judgment who will waste the rights and
freeze them; the invalidator of the tradition who
will cause the nations doom.(2)

(2) IBN ABI TALIB, Imam Ali, Nahjul Balagha (Peak of Eloquence), audited by Sheikh
Muhammad Abdu, first edition, Qum, Dar Ath-Thakhaer (Publishing House), 1412
AH, vol. 2, p. 14.
3- The Imam (pbuh) also said in his book Nahjul

Balagha, However, I fear that the command of
this nation will be taken over by its squanderers
and libertines, who will exploit Gods funds for
their states, take His servants as their slaves, the
righteous as their enemy, and the debauchees as
their partisans.(1)
4- Imam Hassan Bin Ali (pbuh) was quoted as saying
in the presence of Muawiyah, The caliph on the
other hand is someone who advances with the
tradition of Allahs messenger (pbuh&hh), serves
with the obedience of Allah the Exalted; the caliph
is not someone who advances with tyranny.(2)
5- Imam Hussein Bin Ali (pbuh) was quoted as saying
in his correspondence to the citizens of Kufa, By
my life, the Imam is the scripture-based ruler,
the maintainer of justice, the embracer of the
true religion, the one who constrains himself [his
desires] while observing Allah.(3)

(2) AT-TABARSI, Ahmad, al-Ehtijaj (The Demurral), publishing edition unknown, holy
Najaf, Dar An-Noman (Publishing House), 1386 AH, vol. 1, p. 419.
(3) AL-MAJLISI, Muhammad Baqir, Bihar al-Anwar (Oceans of Light), vol. 44, p. 334.
101
Thirdly - Competence
It is axiomatic for the wise people that competence is a

condition required by the ruling Waliy. In other words, it
is the capability required to lead the nation and supervise
the countrys administration. This condition does not
require a script following the clarity of its reason. Yet
still, some of the accounts indicated to this issue such as:
102
1- Imam Abu Jafar (pbuh) was quoted as saying,

Allahs messenger (pbuh&hh) said: the Imamate
fits only a man of three qualities: piety that
constrains him from wrongdoings, patience that
controls his anger and good leadership over the
subordinates, acting as their merciful father.(1)
2- Imam Rida (pbuh) was quoted as saying, The
Imam is an expert who lacks ignorance, is pious
and not punitive ((2)) mature with knowledge,
possesses solid patience, is responsible regarding
the Imamate, an expert in politics(3)
3- The commander of the faithful (pbuh) was quoted
as saying, He whose policy is improved his
obedience is obligated.(4)
(2) In other words, he does not coward.
(4) AL WASITI, Ali, Oyoun al-Hikam wa al-Mawaez (Fountains of Wisdoms & Sermons), audited by Hussein al-Husseini al-Birjandy, first edition, printing place unknown, Dar al-Hadith (Publishing House), printing date unknown, p. 431.
4- He (pbuh) was also quoted as saying, He whose

sufficiency is improved his guardianship is earned.(1)
The best guardian is preferable
The previously mentioned qualities of the guardian

may exist in more than one jurist. The question is,
should the nation elect whomever it wishes from
amongst them or should the candidate amongst them
be the best and most suitable?
A number of narrations inform us that the guardian
must be the best amongst them. Here we present some
of these narrations:
1- Imam Ali (pbuh) was quoted as saying in Nahjul
Balagha, Hear me people; the most entitled
amongst the people to this issue is the strongest
of them regarding its responsibility, and the
one with best knowledge of Allahs command
regarding it(2)
2- The noblest Prophet (pbuh&hh) was quoted as
saying, A nation, who delivers its command to a
man while there is another with better knowledge,
will decline until it returns to where it started.(3)

(2) IBN ABI TALIB, Imam Ali, Nahjul Balagha, vol. 2, p. 86.
(3) AT-TABARSI, Ahmad, al-Ehtijaj (The Disagreement), vol. 1, p. 219.
103
The commander of the faithful (pbuh) was quoted

as saying, The one that must be the caliph over the
nation must have the best knowledge of the book of
Allah and the tradition of His prophet. Allah said,
Is He Who leadeth to the Truth more deserving that
He should be followed, or he who findeth not the way
unless he (himself) be guided(1). In addition, said,
and hath increased him abundantly in wisdom and
stature.(2) And said, Bring me a scripture before
this (Scripture), or some vestige of knowledge (in
support of what ye say).(3)(4)
104
4- Explaining the qualities of the Imam, Imam Ali (pbuh)

was quoted as saying, Regarding his qualities,
he must be the most ascetic of the people, the
most expert of the people, the most courageous
of the people, the most generous of the people,
followed by other prerequisite necessities On
the other hand, if he is not acquainted will all
the tasks from Allah - the Exalted - as obliged
in His book and other scriptures, he will switch
the tasks hence permit that which Allah forbade,
consequently will be lost and cause deviation
Second: He must be the most expert of the people
(1) The holy Quran, Surat Ynus (Jonah), verse 35.
(2) The holy Quran, Surat Al-Baqarah (The Cow), verse 247.
(3) The holy Quran, Surat Al-Aqf (The Wind-Curved Sandhills), verse 4.
regarding the Halal of Allah and His Haram plus

the extraction of His judgments, command and
prohibition as well as all the matters that concern
the needs of the people. Consequently, the people
need him while he can manage without them.(1)
5- After being asked for his pledge of allegiance in
favor of Abu Bakr, the commander of the faithful
(pbuh) was quoted as saying, I have the greatest
claim on Allahs messenger (pbuh&hh), be he
dead or alive; and I am his successor, minister,
and the trustee of his secret and knowledge.
I am the senior companion, the greatest
separator, the first to believe him and have faith in
his invitation, the most successful amongst you in
fighting the polytheists, the one with best knowledge
amongst you in the book and tradition, the one with
greatest jurisprudence regarding religion, the one
with best knowledge regarding consequences, the
most eloquent and the highest in steadfastness.(2)
6- Imam Sadiq (pbuh) was quoted as saying, Look
after yourselves, I swear in Allah, a man can only
possess sheep with a shepherd amongst them. If
he finds another who has more knowledge of his
sheep than the one amongst them he would oust
(2) AT-TABARSI, Ahmad, al-Ehtijaj (The Argumentation), vol. 1, p. 95.
105
him and bring this man who has more knowledge

of his sheep than the one present amongst them.(1)
We notice from this story, that in order to select the
best, one must refer to the tradition of the intellectuals.
Hence, the narration acts as a source of guidance.
How do we define the best of the Jurists?
106
Based on the legal signs, the Islamic jurists stated

that one of the legal methods required for the accurate
imitation of the authority is reliance on the proof
that he is the most knowledgeable, two testimonies
of two Islamic scholars suffice. Therefore, if one
of the believers relies on evidence proving the most
knowledgeability of an authority while others trust
evidence proving the most knowledgeability of another
authority, the issue remains valid and usually causes
no harm. Why? Imitation is limited to the individual
relations with Allah the Exalted or with the others, but
in a partial and limited form.
This issue does not apply to the relationship with
Waliy al Faqih (the jurist guardian) whose commands
are general, released for the nation, and usually relate
not to the individual alone. Consequently, multiple
guardians within the community might lead to dispute,
hence corruption.
In view of the previous explanation, ones personal

confidence given to a certain Mujtahid (learned jurist)
rendering him the best Faqih (jurist) to be regarded
as the Jurist Guardian requires additional argument
added to the fact that individual confidence does not
suffice. Instead, a qualitative confidence must ensue.
This requires a large number of people of merits and
expertise who maintain that he is the best and most
competent amongst the Jurists for the position of al
Waliy al Faqih.
Consequently, Imam Khomeini (RIP) invented an
organizational mechanism for founding Wilayat al
Faqih, resulting in the Council of Experts that holds
at present 86 expert jurists. The positive outcome
that will define the best among the jurists must ensue
from the voices that exceed more than 50%. It is clear
that a number of 44 expert jurists or more can create
a qualitative confidence for the nation; even a lesser
number could achieve the same confidence.
107
Lesson [7]
What is the difference between the

Imam (pbuh) and Wilayat al Faqih?
We mentioned in our book They ask you about the
Imams (pbut) that the guardianship of the infallible
Imam rests upon three ranks:

Firstly: the religious authority
Secondly: the spiritual stature
Thirdly: the political leadership
Based on these ranks, we will explain the difference

between the guardianship of the infallible Imam (pbuh)
and that of the jurist (Faqih).
1-The religious authority (al-Marjaeiyyah
ad-Deeniyyah)
The religious authority of the infallible Imam

(pbuh) refers to him as the real protector of the Islamic
Shariah of Muhammad. The Shariah as we stated
in the previously mentioned book represents one of
109
110
the particularities of Prophet Muhammad (pbuh&hh)

whereas the role of the Imams (pbut) resides in
safekeeping and explaining this Shariah. In order to
secure it [from all kinds of distortion], this issue is
being achieved not through their special understanding
and extraction of its judgments or through their
jurisprudence regarding its indications, but is an actual
task of their own, which provides them with the ability
to preserve its originality. They inherited this role
in accordance with the following pattern: Imam Ali
(pbuh) from Prophet Muhammad (pbuh&hh) plus the
leading progeny of Imam Ali (pbuh), one Imam after
another.
This legacy took place rendering their infallibility
protect it. They represent the real entrance to the Shari'ah
of Muhammad (pbuh&hh); they are not a backdoor.
One traditional expression of theirs reads, Our first is
Muhammad, our last is Muhammad, our midmost
is Muhammad, and we are all Muhammad.(1)
The jurist on the other hand, whether or not he is a
Waliy, does not possess this role of the religious authority
regarding the Shari'ah. Instead, he exerts efforts with a
quest to reach the true doctrine. The understanding and
extraction of judgments represent his conclusion based
on his comprehensiveness coupled with the fact that he
is not infallible while acquiring the truth.

The Imami Shiite sect has been renowned as a sect
that maintains inaccuracy, not rectification. In other
words, the legal judgments are all one and come from
Allah the Exalted, the Noblest Prophet (pbuh&hh),
and the infallible Imams (pbut) [meaning they are
accurate and require no rectification]. Therefore, they
do not change or alter. The Faqih (jurist), after exerting
efforts in reaching judgments, might reach the truth
while other times might be mistaken (inaccurate).
Hence, in the case of two jurists, one might have a
different opinion from the other, which confirms that
one of them is mistaken because the legal judgment is
one [requiring no rectification]. However, maintaining
inaccuracy does not affect ones belief in following the
jurist whose leadership is evident. Why? Our task is to
maintain the surface of the issues because we cannot
acquire their 100% identity.
In conclusion:
Although referring to the Jurist Guardian remains a

necessity, yet it is a reference that is sought from him
based on his conclusion of the superficial laws unlike
the infallible Imams (pbut) who represent the realistic
religious reference pertaining to the laws.
111
2- The moral stature
112
The narrations, quoted from the Prophet (pbuh&hh)

and his household (pbut), are rich regarding the high
stature that belongs to the infallible Imams (pbut),
which derives from the fact that they are close to
Allah the Exalted. This issue can be seen through
their mediation regarding emanation, let alone their
universal guardianship that renders all things at their
disposal, as we said in our previous book, They ask
you about the Imams (pbut). It is obvious that this
stature belongs to them in particular. This issue is not
a prestigious legacy that flows in favor of the jurists or
other intellects. The Faqih, tasked with guardianship
over the society, does not acquire the same level and
position of the infallible Imams. Instead, it is limited to
the position with which he has been appointed, whereas
the guardianship of the infallible Imams (pbut) is not
abstracted from the special prestigious statures that
make them similar to the other leaders. In his book,
al-Hukumah al-Islamiyah (The Islamic Government),
Imam Khomeini (RIP) said, No one should picture that
the competency of the jurist for the guardianship
qualifies him to be in the same rank of the prophecy
or the rank of the Imams (pbut).
Our conversation here does not orbit the stature and
the rank. Instead, it orbits the practical task.(1)
He (RIP) added, The substantiation of the

guardianship and governance of the Imam (pbuh)
does not deny him his rank, which has already been
granted to him by Allah the Exalted as it does not
make them similar to other leaders. The Imam enjoys
a special stature and sublime rank plus a universal
guardianship, which governs and controls all the
atoms of this universe. One of the necessities of our
belief maintains that our Imams possess a rank that
neither a favored angel nor a sent prophet can reach.
Based on our available narrations and tradition,
the Noblest Prophet (pbuh&hh) and Imams (pbut)
existed before this world in the form of lights that
Allah rendered ambient by His throne. He also gave
them special ranks and favoritism the value of which
is known only to Allah(1). Gabriel said, as accounted
by the narrations on al-Meraj (The Prophets
ascension with Gabriel to the seven heavens): Had
I advanced another fingertip in length I would have
been incinerated(2). They (pbut) were also quoted
as saying, We have a special affiliation with Allah
(1) AS-SAFFAR, Muhammad, Basaer Ad-Darajat (Insights on Grades), publishing edition unknown, Tehran, Manshourat al-Alami (publishing house), 1404 AH, vol. 1, p.
20, section 10. AL-MAJLISI, Muhammad Baqir, Bihar al-Anwar (Oceans of Light),
vol. 25, p. 130.
(2) AL-MAJLISI, Muhammad Baqir, Bihar al-Anwar (Oceans of Light), (The section of
establishing the Meraj with its significance and method).
113
that no favored angel or sent Prophet can tolerate(1).

A similar stature was granted to [The prophets
daughter] Fatima az-Zahraa (pbuh)(2), but not in the
sense that renders her a successor, leader or judge.
This stature is something different from the
guardianship, succession or governance. Therefore,
when we say, Fatimah (pbuh) was neither a judge nor
a ruler or a successor, this issue does not deny her
favored stature as it also does not mean that she is an
ordinary woman like the types that we witness.
114
3- The political leadership
The Imams (pbut) added to their spiritual stature

and religious authority based on the previous discussion
possess guardianship and commandment over the
society. The verbal traditional evidences pointed to
them as being infallible individuals regarding all their
affairs. We demonstrated these evidences in our book
They ask you about the Imams (pbut). Although
(1)AL-MAJLISI, Muhammad Baqir, Kitab al-Arbaein (The Book of Forty), printing edition unknown, Qum, al-Matbaa al-Elmiyyah (printery), 1399 AH, explaining speech
15, p. 177; with a slight change in the expression. Besides, the Prophet (pbuh&hh)
was also quoted as saying, I have special time with Allah that no neared angel or
sent Prophet can tolerate. AS-SAFFAR, Muhammad, Basaer Ad-Darajat (Insights
on Grades), p. 23, s. 11.
(2) AS-SADDOUQ, Muhammad, Elal ash-Sharae (The reasons for the doctrines), printing edition unknown, holy Najaf, Manshourat al-Maktaba al-Haidariyah (publishing
house), 1966, vol. 1, p. 123, speech No. 1. AS-SADDOUQ, Muhammad, Maani alAkhbar (The meanings of news), audited by Ali Akbar al-Ghafari, printing edition unknown, Qum, Moassasat an-Nashr al-Islami (Publishing Foundation), 1379 AH, pp. 64,
107. AL-MAJLISI, Muhammad Baqir, Bihar al-Anwar (Oceans of Light), vol. 43, p. 12.
they are infallible regarding their legislative role and

political leadership, yet if we look at the reasonable
evidences alone apart from the verbal evidences, it
will point to their infallibility regarding their religious
authority, which is obligatory by reason. Such authority
preserves the doctrine, which if lost, the divine purpose
behind mans creation will not be accomplished - mans
aim towards his aspired perfection. On the other hand,
if the political leadership abstracts from the religious
authority, based on the previous meaning, while it does
not abstract from the Imams (pbuh), the logic at this
point does not necessitate its binding infallibility.
Both religious authority and political leadership
remain a fact that belongs to the Prophet (pbuh&hh)
and the infallible Imams (pbut).
However, let us assume that we will separate them.
At this point, we can talk about the necessity of their
political leadership based on the following:
I- Is Prophet Muhammad (pbuh&hh) tasked with
guardianship over the Muslim community? What is
the logical evidence?
Answer: Yes, the Prophet (pbuh&hh) is tasked
with guardianship (wilayah) over the nation. He is the
political leader and Waliy (guardian) whose obedience
is a necessity. Here we present some evidences:
115
Islam is a governing religion

116
The government requires a ruler who is a

competent and just jurist.
If this jurist governs, the nation must obey him.
The jurist possesses guardianship over the nation.
At the time of Prophet Muhammad (pbuh&hh),

Muhammad possessed the knowledge of the genuine
laws of Islam based on the instructions of Allah the
Exalted. He was entrusted to implement them through
the divine flawlessness while maintaining the highest
grades of competence due to such flawlessness and
divine companionship.
II- Question: Do Imam Ali (pbuh) and the infallible
Imams (pbut) of his progeny possess guardianship
and general leadership over the nation? What is the
evidence of this issue?
Answer: Yes, they (pbut) possess guardianship over
the nation. They are the leaders whose obedience by
the people remains an obligation.
Here we present some evidences:

If one of the infallible Imams (pbut) is present, the

position of the ruling guardian remains solely limited to
him because he is the best Waliy. The infallible Imams
(pbut) possess the genuine knowledge of the Islamic
laws based on a special teaching by Allahs messenger
(pbuh&hh). They are entrusted with implementing them
through the divine flawlessness while maintaining the
highest grades of competence due to such flawlessness
and divine observance towards them.
III- Question: Does the competent and fair jurist
possess guardianship over the Muslim community?
Answer: Yes, due to a number of indications that we
present as follows:


117
The Faqih (jurist) possesses knowledge of the

Islamic laws due to his jurisprudence. He is entrusted
with implementing them due to his equity and his
qualifications based on the attained qualities.
118
The evidence remains one

From the previous explanation, one can notice
- when discussing the guardianship of the Prophet
(pbuh&hh), Imam (pbuh), and Faqih - that their
answers remain one although the rank of the Faqih
regarding perfectness differs from that of the Prophet
(pbuh&hh) and the infallible Imams (pbut). However,
this issue does not affect the oneness of the evidence.
This issue encouraged Imam Khomeini (RIP) to say in
his book Al-Bay (The Trade), The oneness of
the evidence is an evidence in itself concerning the
necessity of governance during the absence of the
divine guardian (may Allah the Exalted hasten his
advent).(1)
The precinct of each, the Imam (pbuh) and the
Faqih
It is obvious that the Prophet (pbuh&hh) and the
infallible Imams (pbut) possess general leadership and
commandment over the nation, which was expressed
by Allah the Exalted in His words, The Prophet is
(1) AL-KHOMEINI, Ruhullah, Kitab al Bay (The book of selling), vol. 2, p. 461.
closer to the believers than their selves(1)

On the other hand, a Faqihs jurisdiction can be
understood through the beaming evidence. If the
reasonable evidence remains satisfactory and based on
the scientific terminology, the issue maintains prudence
and does not mirror comprehensiveness as in the case
of the verbal evidence.
Therefore, the issue is limited to the confident ability
with its circle that is defined as follows:
- The expansion of the Islamic verdicts in their
implementation over the community, which accords
with the significance of the first reasonable evidence
(Islamic laws guideline).
- The need for social system to avoid flaws which
accords with the significance of the first reasonable
evidence (system preservation guideline).
- Matters that the mind understands as issues that cannot
be neglected by Allah the Exalted in accordance with
the significance of the third reasonable evidence
(Dalil al-Hisbah, the accountability guideline).
On the other hand, if we observe the traditional
evidences, we will discover that their released
inauguration renders the scope of Wilayat al Faqih
wide except for that, which has been released by the
(1) The holy Quran, Surat Al-Azb (The Combined Forces), verse 6.
119
special evidence. For example, the first evidence (The

scholars are the heirs of the Prophets) explains how
the scholars inherit the Prophet (pbuh&hh) pertaining
to the entire jurisdiction of his guardianship. We do
not divert from this issue unless a special evidence
that necessitates such diversion is presented. Imam
Khomeini (RIP) commented on this evidence saying,
From the narration, it appears that the scholars
possess all that he [The Imam (pbuh&hh)] possesses
unless there is evidence signifying its diversion.(1)
120
(1) AL-KHOMEINI, Ruhullah, Kitab al Bay (The Book of Trade), p. 469.
Lesson [8]
How do we conform between

Marja et-Taqlid and Wilayat al-Faqih?
There are several questions regarding al-Waliy alFaqih and Marja et-Taqlid. Here we present some
questions:
1- What is the difference between the Fatwa
(religious decree) of the Marja and the Hukm
(order) of the Waliy?
Marja et-Taqlid is someone who performs the

deduction and extraction of the legal judgments from
the approved sources of the Islamic Shari'ah, which are
the mind, the holy book, the prophetic tradition, and
consensus apart from the two following issues:
1- The implementation of these judgments remains
external because the task pertains to the extraction
of the judgment as a general matter of jurisprudence.
For instance, a jurist (Faqih) might deduce from the
legal indications the illicitness of barley liquid if it
121
boils and becomes intoxicating. However, he does

not interfere in the implementation of this illicitness
on barley liquid that is being sold in supermarkets.
Instead, he leaves the implementation of this issue
to the Mukallaf (responsible adult), and this is not
the responsibility of Marja et-Taqlid.
122
2- This is the extent of the range of the interfering social

benefit or harm contained in that legal judgment
when considering both special place and time. For
instance, the jurist might deduce the terms of the
trade exchangers, hence, he finds nothing in the
legal evidences that necessities Islam as a condition
required for the buyer. Therefore, the jurist might
decree allowing trade with the Jews apart from the
resulting benefits and harms from such a trade based
on time and place. And the decision of Marja etTaqlid is called Al-Fatwa (The decree).
On the other hand, the jurist guardian (al-Waliy al-Faqih),
being a referee or source, plays the same role but in an
advanced manner. For instance, he, being also a guardian,
gives notice to the social benefit or harm based on the
condition of time and place. Based on this consideration,
he will issue his verdict. In other words, the jurist guardian
reaches his decision or verdict based on two issues:
Firstly: He studies the legal evidences based on the
approved sources.
Secondly: He studies the social benefit or harm

resulting from his verdict based on time and place. He,
as a source of guidance and imitation might maintain
the permissibility of trading with the Jews. However,
he, as a guardian jurist, when pondering the Zionist
plot in Palestine designed to grab the Palestinian lands
in favor of the Jews, might issue an order prohibiting
the selling of lands to the Jews in Palestine.
Another Example: The jurist guardian (Waliy al
Faqih), as an authorized referee (Marja et-Taqlid), might
make a decree allowing the purchase and use of tobacco.
However, he, as a jurist guardian, when discovering
that Britain wishes to economically colonize Iran
through tobacco as happened in the past, he might issue
an order, like grand al-Mirza ash-Shirazi did, forbidding
the trade exchange and use of tobacco in Iran.
The decision of the jurist guardian is called alHukm (the order) verses al-Fatwa (the decree)
which is the product of Marja et-Taqlid.
The basis of Fatwa al-Marja
The legal evidences

regardless of the social
benefits and harms.
The basis of Hukm al-Waliy
The legal evidences + the

recognized social benefits and
harms based on time and place.
123
2- What is the difference between the recognized

prerequisites in each of Marja et-Taqlid and alWaliy al-Faqih?
The prerequisites of Marja et-Taqlid
124
The jurists (Fuqahaa) mentioned several

prerequisites required for Marja et-Taqlid. Sayyid
Muhammad Kathim al-Yazdi mentioned in his book
al-Urwa al-Wuthqa (The Tight Bond) the following
prerequisites: Adulthood, intelligence, faith, equity,
manhood, and freedom of speech. Therefore, he,
being a free Mujtahid (learned jurist) makes partial
imitation illegal. Moreover, being alive makes the
initial imitation of the dead [Marja] illegal. Yes,
one can continue imitating [the dead if was initially
imitated in his lifetime] In addition, he must be
the most knowledgeable. Hence, as a precaution, it
is forbidden to imitate the one favored while it is
possible to imitate the best.
Moreover, he must not be the product child
of adultery, or someone opening his bosom with
eagerness to this earthly life, exerting efforts to
obtain it. The accounts stated, Anyone amongst
the jurists who is conservative, maintains his
religiousness, opposes his desires, and obeys his
Lord, the common people may imitate him(1).(2)

Despite the many comments on al-Urwa alWuthqa by senior referential scholars such as
Sayyid Mohsen al-Hakim, Imam Khomeini, Sayyid
Abul Qassim al-Khoei, Sayyid Kulbaikani, and
others, yet none of them had added the prerequisite
of competency required for Marja et-Taqlid. On the
other hand, the martyr, Sayyid Muhammad Baqir asSadr (RIP) has added this issue with care. He said in
his book al-Fatawa al-Wadiha (the clear decrees),
Al-Mujtahid al-Mutlaq (the free learned jurist),
should he enjoy the rest of the conditions required
for Marja et-Taqlid It is permissible for the
subject to imitate him as previously mentioned; and
he has the general legal guardianship regarding
the Muslims affairs providing that he is competent
pertaining to both religious and realistic aspects.(3)
Despite the fact that no comments were made by
Imam Khomeini (RIP) on the statements of the author
of al-Urwa al-Wuthqa, yet still he approached
the notion that the martyred Sayyid Sadr presented
Shia), vol. 27, p. 131. The same source also mentioned it reading (acts against his
desires).
(2) AL-YZADI, Muhammad Kathim, al-Urwa al-Wuthqa, first edition, Qum, Moassasat
an-Nashr al-Islami (Publishing Foundation), 1417 AH, vol. 1, p. 24.
(3) AS-SADR, Muhammad Baqir, al-Fatawa al-Wadiha (the clear decrees), printing edition unknown, Najaf, Matbaat al-Adab (printery), printing date unknown, p. 30.
125
in his statement of Rajab the fifteenth, reading: AlMujtahid must be acquainted with the affairs of his
time. It is unacceptable for the people, youth and
even for the common to be told by their Marja
(referee) and Mujtahid (learned jurist): I do not
give any opinion regarding the political issues.
126
One of the qualities of the Mujtahid (learned jurist)

requires that he be a man acquainted with methods
that can challenge the tricks and falsifications of
the world dominating culture, a man of insight with
economic perception, a man capable of dealing with
the economic system of the world, a man capable of
understanding the policies, politicians and the rules
that they possess, a man capable of understanding
the points of weakness and strength of the two
magnates of capitalism and communism. This in
fact will draw ahead the strategy on how the world
is being governed. Besides, the Mujtahid (learned
jurist) must possess the qualities of perception,
sharpness, and intelligence while exercising the
process of leading the Islamic community, even
the non-Islamic community, let alone devotedness,
piety, and asceticism which must be self-acquired.
In conclusion, the Mujtahid (learned jurist) must
be a manager and an organizer.(1)
(1) The statement of Imam Khomeini (RIP) to the referees, scholars, religious schools,
and leaders of prayers, issued on Rajab 15, 1409 AH, pp. 16-17.
The prerequisites of al-Waliy al-Faqih
We said earlier that the main prerequisites required

for the position of the jurist guardian are three:
1. Ejtihad (intense learning of jurisprudence) and
Faqaha (Jurisprudence)
2. Equity
3. Competence
This issue does not mean that the other prerequisites
should not exist, such as the prerequisite of Marja etTaqlid; some of them might even be definitely required
such as in the case of al-Waliy position.
We elaborated on these three prerequisites in our
previous discussion pertaining to the qualities of alWaliy al-Faqih (the jurist guardian).
Between the prerequisites of al-Marja and
that of al-Waliy
Based on the stipulated competence regarding

Marja et-Taqlid, a question surfaces concerning the
difference between Marja et-Taqlid and al-Waliy alFaqih while keeping in mind the total concordance for
the prerequisites of each.
Answer: the difference between them lurks in
the required level regarding some of the advanced
prerequisites. The position for Marja et-Taqlid
127
128
demands a high percentage of the jurisprudence quality

more so than competence; it demands issues relating to
the administration of the authoritative reference affairs
based on its reality. Wilayat al Faqih on the other hand,
added to its demanded high percentage of jurisprudence,
requires a very high percentage of competency that
harmonizes with the guardians general leadership of
the nation. For example, if the required percentage of
competency for Marja et-Taqlid is 10% the required
percentage of competency for al-Waliy al-Faqih must
be 40%. For instance, if Hassan and Hussein
had the same level of jurisprudence and equity, yet the
competence level is higher in Hussein than it is in
Hassan, in this case the one who should be appointed
as al-Waliy al-Faqih is Hussein not Hassan.
Moreover, if the level of jurisprudence of Hassan
was slightly higher than that of Hussein, yet the
level of competence of Hussein is much higher than
that of Hassan; in this case Hussein is the one
that should be appointed as al-Waliy al-Faqih.
Based on the previous discussion, the one appointed
for Wilayat al Faqih can be regarded as the best based
on the total or the result, while the prerequisites of
Marja et-Taqlid stipulate that he be the most expert
based on jurisprudence.
3- Al-Waliy and al-Marja, are they one or

multiple?
Before his death, Imam Khomeini (RIP) declared

his belief in separating between the two positions of
Marja et-Taqlid and Wilayat al Faqih based on special
circumstances although he agreed to their oneness in
the past. However, when circumstances changed, he
returned to maintain again their separation.
He (RIP) said, As for the leadership, we cannot
leave our Islamic system without a leader. Hence,
we must elect someone who defends our Islamic
stature in a world of politics and cunnings.
From the beginning, I believed and insisted on
the unconditional authoritative reference. The just
Mujtahid who is supported by the reverent experts
of all the regions of the country would be sufficient.
Therefore, if the people select the experts in order to
appoint a just Mujtahid to lead their government, and
when they appoint a person for the leadership, he will
definitely be a subject of acceptance by our nation.
In this case, the Waliy (leader) will be the elect of the
people and his governance will be effective.
I used to say this issue pertaining to the foundations
of the constitution. However, the friends insisted on the
conditional authoritative reference, which was why I
accepted.
129
At this point in time, I knew that this issue was

inapplicable to be achieved in the near future.(1)
Yes, if the prerequisites of the authority become
available in al-Waliy al-Faqih, this represents the
utmost desire.
130
4- If the Mukallaf imitates someone other than

al-Waliy, should he follow al-Waliy directly or via
his Marja et-Taqlid?
Answer: previously, we mentioned that there were
three reasonable evidences for Wilayat al Faqih, part
of which was the guideline of the judgments of Islam,
which were summarized by the following:


We also mentioned that these preludes were selfevident for anyone who understands the rules of Islam.
Hence, Wilayat al Faqih is an axiomatic necessity with
respect to the scholar who is acquainted with the rules.
(1) KHOMEINI, Ahmad, Rissalat al-Lawa (The Message of Grief).
The learned jurists stipulated that the scholar who is

acquainted with the legal verdicts, which are essential,
is not obliged with the imitation judgment. Instead,
he must follow his own conclusive knowledge. In his
book Minhaj as-Saliheen [The Way of the Righteous],
Sayyid Abul Qassim al-Khoei said, Each Mukallaf
(responsible adult), who has not acquired the level
of Ejtihad (jurisprudence), must, regarding all his
worships, deals, deeds and discontinuities, be an
imitator, or cautious, unless he attains the verdict
through knowledge...(1)
In his book Tahrir al-Wasilah (Editing the Way), Imam
Khomeini (RIP) said, Each Mukallaf (responsible
adult) who has not acquired the level of jurisprudence
other than the necessities of his worships and deals,
even regarding the desired tasks and licit issues, must
be an imitator or cautious providing he is acquainted
with the situations of cautiousness. Only a few
people are aware of this issue. Therefore, the actions
of the common person, who is not acquainted with
the situations of cautiousness, are deemed invalid
without imitation (2)
(1) AL-KHOEI, Abul Qassim, Minhaj As-Saliheen (The Way of the Righteous), vol. 1,
p. 5.
(2) IMAM AL-KHOMEINI, Ruhullah, Tahrir al-Wasilah (Editing the Way), vol. 1, p. 5.
131
Based on the previous discussion, anyone adopting

the cause of Wilayat al Faqih as being self-evident does
not need to refer to Marja et-Taqlid asking, should I
follow the guardian (Waliy) or not. Instead, his verdict
in this case relies on the direct command of the Faqih.
In this case, the guardianship of the jurist does not
necessitate a corridor through the channel of Marja etTaqlid.
To elaborate on the issue, let us discuss the
following:
132
The evidence of the obligatory imitation
The evidence of the obligatory imitation is

reasonable. In precise, it is the structure and tradition of
the intellects. We can notice that the ordinary Mukallaf
(responsible adult), who has not acquired the level
of jurisprudence, has no right answering the question
regarding the evidence of the obligatory imitation by
referring to the verse Ask the followers of the
Remembrance if ye know not!(1) How can he explain
the aim behind the followers of the remembrance?
Are they the people of the holy books that advanced
the sacred book of Islam? Alternatively, are they in
particular the Imams (pbut) who are the household of
the remembrance (Prophet Muhammad (pbuh&hh))
(1) The Holy Quran, Surat An-Nal (The Bee), verse 43.
or are they the scholars in general? Besides, how can

he understand the aim behind His word Ask? Is it
imperative and does it point or point not to obligation?
The ordinary or common person cannot reach the
answers to these questions. Therefore, he cannot rely
on them as a source of guidance regarding his imitation.
Besides, when answering a question addressed to
him, the Mukallaf (responsible adult) should not rely
regarding his argumentative imitation on a certain
narration such as that quoted from Imam Hassan
al-Askari (pbuh) which reads, Anyone amongst
the jurists who is conservative, maintains his
religiousness, opposes his desires, and obeys his
Lord, the common people may imitate him. (1)
Recognizing this report as a material of inference
subjects to a number of rules that the common individual
cannot attain because he lacks the capabilities of
jurisprudence. Thus, he cannot tell the difference on
whether the report is supported, recognized or not. He
cannot tell whether it opposes other reports or not. He
cannot tell whether it holds the meaning of obligation
or not.(2)
Shia), vol. 27, p. 131. The same source also mentioned it reading (acts against his
desires).
(2) BARAKAR, Akram, Limatha Nuqallid (why do we imitate), sixteenth edition, Beirut,
Bayt As-Siraj (publishing house), 2001, pp. 13-14. (English version available)
133
134
Consequently, the answer must represent other

evidence, which is simply the seeing eye of the mind that
sees the tradition of the intellects. Sayyid Muhammad
Baqir as-Sadr did well when he clarified this evidence
saying, The people, when they are challenged by
the necessities of life find that they are extremely
forked; there are medical, industrial, agricultural,
architectural fields, etc Some of these necessities
may be familiar to most people in a clear form.
Each person, based on the naf experience in his life,
knows, when subjected to a cold climate, he might be
inflicted with the symptoms of fever. However, the
doctor can only learn the many ways of protection
and treatment. In addition, the doctor himself
will only learn them through research and effort.
The same issue applies to the fields of building,
construction, agriculture and industry with all its
kinds.
At this point, each person discovered that he
could not practically tolerate on his own the process
of completing research and effort of each aspect of
the aspects of life. This issue usually goes beyond
the capacity of the individual and his age on one
hand, and on the other hand, it does not allow him
to deepen further into all these aspects.
Therefore, the human societies settled in

the form that lets a number of people become
specialized in each field of the fields of research and
knowledge. Consequently, each individual will find
his satisfaction in his field, teaching him truism. As
for other than his field, he relies on other specialists
holding them responsible for the evaluation of the
situation.
This issue became a kind of dividing of the
tasks between the people, which man adopted out
of his instinct over a long period. Islam did not
deviate from this process. Instead, it coursed on
the same path of foundation that man adopted in
all the aspects of his life. Hence, it designed the two
principles of Ejtihad (learning jurisprudence) and
Taqlid (imitation). Ejtihad is a specialization in the
sciences of theShari'ah. Taqlid is dependency on the
specialists. Hence, each Mukallaf (responsible adult)
wishing to learn the doctrinal judgments depends
firstly on his general and religious intuition. The
issues that he cannot attain through his intuition,
he must learn depending on the specialist Mujtahid
(learned jurist). Allah the Exalted did not assign
each person to learn jurisprudence and suffer the
efforts of the scientific research in order to reach
the legal verdict, which spares time and divides the
135
human efforts regarding all fields of life. Moreover,

Allah the Exalted did not give permission to the
nonspecialist Mujtahid to directly try to learn the
legal judgment from the scripture and tradition
depending on his attempt. Instead, he obliged him
to find acquaintance with the judgment through
the method of imitation and reliance on the learned
jurists.(1)
Based on the previous discussion, the evidence of
the necessity in following and imitating Marja etTaqlid is the mind (reason) as we explained.
136
The Mukallaf and the two evidences of imitation

and pursue
Previously, we said that the evidence necessitating
loyalty to al-Waliy al-Faqih (jurist guardian) was also
a matter of reasoning. We explained this issue in the
reasonable evidences.
At this point, after saying that the reasonable
evidence guides us to follow the Marja as well as the
Waliy, a question surfaces: If the Marja is the man who
decides, should his imitator follow or not follow the
Waliy?
(1) AS-SADR, Muhammad Baqir, al-Fatawa al-Wadiha (the clear decrees), pp. 98-90.
For instance, in the Arabic language, either the letter

B ( )puts a word into the genitive in a constant form
or it never does. Working both ways can never be the
case.
The same issue applies to the reasonable evidence
when it becomes a subject of application by the
Mukallaf. Therefore, either it is a subject of constant
application regarding all issues that he reaches hence,
leading to Marja et-Taqlid and in a broader sense
leading to al-Waliy al-Faqih, or it is not an applicable
matter in the first place.
Conclusion: The mind, as it points to the necessary
loyalty to Marja et-Taqlid, points also to the necessity
in being loyal to al-Waliy al-Faqih. Therefore, it
becomes incorrect for Marja e-Taqlid to allow or
disallow someone imitating him from being loyal to
al Waliy al Faqih if this person discovers by reason the
necessary loyalty to al Waliy al Faqih.
Wilayat al Faqih (the guardianship of the jurist), in
the absence of another Faqih (jurist) who can be more
knowledgeable than the guardian (Waliy), must be
reached through Marja et-Taqlid in a broader sense.
137
Lesson [9]
Is Wilayat al-Faqih Dogmatic or

Jurisprudential?
Sheikh Jawadi al-Aamili (May he live long)
regarded that the great achievement, which produced
the Islamic revolution in Iran, was in the fact that it
also restored the discussion of Wilayat al Faqih right
from the position where it has been wronged, which
is the knowledge of jurisprudence, back to its original
position, which is the knowledge of scholasticism.
Therefore, based on his words, it has been ousted in the
past form the field of the knowledge of scholasticism to
be buried in the field of the knowledge of jurisprudence.
Therefore, it was blinded from finding its way towards
progression. Consequently, it remained locked within
the jurisprudential zone.(1)
(1) AL-AAMILI, Jawadi, the role of Imam Khomeini (RIP) in renovating the system
of the Imamate, Majallat Ar-Rasd Ath-Thaqafi (The Cultural Observance Magazine),
issue 23, Beirut, 1994, p. 23.
139
The question is:
Is it true that Wilayat al Faqih is, in principle, an

issue of scholasticism? Is this issue regarded as a pillar
for the rise of the Islamic revolution as al-Aamili
stated?
Answer: we must:
Firstly: define the criterion through which we can

establish whether the issue is a matter of jurisprudence
or scholasticism.
140
Secondly: apply the criterion to the issue of Wilayat

al Faqih.
Thirdly: study the level of the trueness of the words
of al-Aamili in light of the previous discussion.
The criterion that defines the issue as being
scholastic or jurisprudential
The axis of the knowledge of scholasticism, with
this issue being one of its matters, lurks in the fact
that it rotates in the orbit and axis of Allah the Exalted
coupled with His descriptions and deeds.(1)
On the other hand, the axis of the knowledge of
jurisprudence, with the issue being one of its matters,
lurks in the fact that it rotates in the orbit and axis of
(1) BARAKAT, Akram, Wilayat al Faqih, Baynal Badaha Wal Ekhtilaf (The guardianship of the jurist, amid intuition and difference), fourth edition, Beirut, Bayt As-Siraj
(Publishing House), 2012, pp. 29-35.
the Mukallafs action, one, for being a legal verdict,

or two, for being the same legal verdict deduced from
their sources.(1)
To elaborate the issue further, here are some practical
examples:
Practical Examples
Issue
Knowledge
Reason
The trueness
of Allah is
unattainable
Scholastic
It rotates around the entity

of Allah
Allah is Just
Scholastic
It rotates around the

descriptions of Allah
Allah is the
Sustainer
Scholastic
It rotates around the actions

of Allah
It rotates around the action
of the responsible adult or
the legal verdict
Each responsible
Jurisprudence
adult must imitate
Dealing with the

Israeli enemy is Jurisprudence of the responsible adult or
forbidden
the legal verdict
Prayers are
invalid wearing
stolen clothes
Jurisprudence
(1) Same previous source, pp. 26-27.

of the responsible adult or
the legal verdict
141
The previous discussion represents clear examples

that can be distinguished easily. However, some
examples require certain accuracy and attention in order
to distinguish their place whether in the knowledge of
jurisprudence or the knowledge of scholasticism.
142
For example, in saying that: Allah the exalted

obliged the Mukallaf to imitate regarding his tasks,
we will realize the positivity behind this obligation.
This task belongs to Allah the exalted pertaining to the
fact that His exaltedness is the One Who decreed such
duty. The issues that are attributed to the acts of Allah
the Exalted are scholastic, hence, this matter becomes,
on one hand, part of the knowledge of scholasticism,
and on the other hand, the Mukallaf is indebted with a
responsibility. As a result, the issue orbits around the
task or the legal verdict (obligation) of the Mukallaf. In
this form, it belongs to the knowledge of jurisprudence.
Is Wilayat al Faqih jurisprudential or
scholastic?
Based on the previous discussion, the issue of

Wilayat al Faqih takes on one hand the shape through
which Allah the Exalted grants and legalizes the
guardianship for the jurist, hence, making the issue
a part of the knowledge of scholasticism because it
relates to the acts of Allah the Exalted. On the other
hand, it takes the shape through which the nation must
obey the jurist while the jurist holds the responsibility

of the guardianship. The issue becomes jurisprudential
because its orbit is the task of the Mukallaf or the legal
judgment.
Consequently, the issue of Wilayat al Faqih becomes
scholastic on one hand and jurisprudential on the other
hand.
The effect resulting from the discussion of the
jurisprudence of Wilayat al Faqih
In light of the previous discussion, a question
surfaces. What is the resulting effect of Wilayat al
Faqih in being scholastic or jurisprudential? How do we
understand the statement of Sheik al-Aamili regarding
the great effect of the knowledge to which it belongs?
Answer: when pondering the matter, no effect
of great significance will be discovered, especially
regarding the practical side of the matter. This issue
stands whether Wilayat al Faqih belongs to the
knowledge of scholasticism or the knowledge of
jurisprudence.
On the other hand, a significant effect can be found
pertaining to the suggestion that authorizes the position
of Wilayat al Faqih.
In brief, we will sense the self-evident and reasonable
evidence of Wilayat al Faqih such as the guideline that
143
we named the guideline of the judgments of Islam

coupled with its following summary:
Islam is a governing religion.
144

competent and fair jurist.
Consequently, we will notice that he, who accepts

this guideline with its title being an axiomatic and
clear concept, does not need to return to Marja etTaqlid in order to ask him: Should I or should I not
follow the jurist guardian? Instead, he can rely on the
jurist guardian (al-Waliy al-Faqih) following him in a
direct form based on the fact that it is not an imitation
pertaining to the axiomatic and necessary issues, as we
mentioned previously.
If we do not accept the reasonable evidence for
Wilayat al Faqih and our loyalty remains fenced by
imitation, the position of Wilayat al Faqih becomes
one of the issues that must go under imitation. Hence,
loyalty to al-Waliy al-Faqih must be channeled through
Marja et-Taqlid.
As a result and based on the axiomatic rational

evidence, the nation is freed from requiring another
channel in order to reflect the issue of loyalty to alWaliy al-Faqih unlike the traditional evidence. This
issue reflects great benefit plus clear and significant
influence.
The relation between the rational evidence and
the knowledge of scholasticism
The previous effect pertaining to the rational
evidence is irrelevant to the issue of Wilayat al Faqih in
being scholastic or jurisprudential. The quality of the
evidence, whether rational or traditional, is irrelevant.
The indications of certain jurisprudential issues are
rational such as the obligatory imitation that depends on
the reasonable cause that maintains the necessity for the
ignorant to consult the wise. In other words, the tradition
of the intelligentsia becomes dependable when the nonspecialist refers to the specialist. Nonetheless, it did not
switch to reside in the knowledge of scholasticism but
remained in the knowledge of jurisprudence. On the
contrary, one can find in the knowledge of scholasticism
some issues with traditional but irrational indications,
such as the issue of Rajah (the return of the dead).
Nevertheless, this issue does not tarnish its association
to the knowledge of scholasticism.
145
The outcome
The significant effect resulting from the category

of Imam Khomeini (RIP) regarding Wilayat al Faqih
resides in his focus on the axiomatic rational evidence.
In this manner, he moves it away from the traditional
zone that renders it belong to the opinion of Marja etTaqlid. Once the nation gives attention and accepts this
issue with an axiomatic mentality that is liberated from
such zone, it will launch with its loyalty to al-Waliy alFaqih without any other channel of crossing.(1)
146
The dogmatic position and nature of Wilayat

al Faqih
The conversational subjects can be lined under five

titles:
1- The principles of religion: They are simply the
subjects that must acquire our faith and belief in
order to accomplish the superficial Islamic identity,
in this world. When conducting a thorough study
on how this issue is implemented, we will discover
that it is limited to the belief in the unification of
Allah the Exalted, and the prophecy of Muhammad
(pbuh&hh). A testimony made of these two issues
establishes the superficial Islamic identity according
to several scholars. Yes, some of them, such as the
(1)To see this discussion, refer to: BARAKAT, Akram, Wilayat al Faqih, Baynal Badaha
Wal Ekhtilaf (The guardianship of the jurist, amid intuition and difference).
late Sayyid al-Khoei (RIP) added a third element,

which is the belief in the resurrection.(1)
2- The necessities of religion: They have been defined
through intuition as a part of the religion. Hence,
should any embracer of the religion be asked about
them he will reply with confidence and certainty
that they are part of it.
The issue excludes anyone new to Islam or anyone
living far from the homeland of the Muslims. Another
example is the resurrection which is not regarded
as one of the principles of religion for some people.
Although denying a religious necessity does not
harm the establishment of the Islamic identity, yet
a number of scholars stipulated that its denial entail
defection if it accuses the Prophet, the founder of the
message, of lying.(2)
3- The principles of faith: They are simply the subjects
that must be embraced faithfully and conceptually
in order to accomplish the doctrinal identity, such as
the Imamate of the twelve infallible Imams, which
is a basic element required for establishing the
duodecimal Imamate Shiite faith.(3)
(1) BARAKAT, Akram, Wilayat al Faqih, Baynal Badaha Wal Ekhtilaf (The guardianship
of the jurist, amid intuition and difference), pp. 47-60.
147
4- The necessities of faith: They are simply the issues

that are clearly regarded as parts of the faith such as
the infallibility of Prophet Muhammad (pbuh&hh)
based on the knowledge of the scholars of all sects
in general, plus the infallibility of the twelve Imams
based on the knowledge of the scholars of the
duodecimal Imamate of the Shiites.(1)
148
5- The unnecessary branches: This comprehensive

heading sums all the subjects that do not go under
any of the previous titles. Examples of these are ArRajaa (the return of the dead) and the Imams as the
means for emanation.
Although these two examples are widely accepted
and adopted by the Shiite sect, yet they did not reach
the stage of being, together or separately, one of the
principles of the sect or one of its necessities. We
discussed this issue in our book They ask you about
the Imams (pbut).
The position of Wilayat al Faqih regarding the
five headings
If we ponder over the five headings, we will realize
that Wilayat al Faqih, despite its lucidity, is not one of
the principles of the religion or sect. For instance, the
religious or sectarian identity does not necessitate ones
belief in Wilayat al Faqih because it is not a religious

necessity as it is not a sectarian necessity as clarified
earlier. With respect to the scholars of the divisions, it
is not deemed as one of the obvious necessities of the
duodecimal Imamate Shiism although it was previously
explained as a special axiom.
However, this issue does not devalue the prestigious
position and rank of Wilayat al Faqih coupled with its
previously mentioned great magnitude. Instead, this
matter provides it with a special feature - it is neither a
criterion that deems others as infidels or defectors nor
a verdict that accuses others of being deserters from
the sect. Instead, embracing it results in unity while
discussing it does not cause division.
149
Lesson [10]
Is there one or several Jurist

Guardians?
The question is frequently repeated regarding the
oneness or multiplicity of al-Waliy al-Faqih (jurist
guardian). In other words, is al-Waliy al-Faqih one
leader for all Muslim countries or does each country
have its own jurist guardian?
Before answering this question, we need to define
the aim behind it.
Defining the range of the question
Definition No. 1
We mentioned previously that Wilayat al Faqih has

two expressions. They are:
1- The special wilayah with narrow jurisdiction such as
the guardianship over the orphan. Justice also goes
under this title.
2-The general wilayah with wider jurisdiction including
151
the general and social affairs such as politics,

economy, jihad, etc
At this point, the question regarding the oneness
or multiplicity of Wilayat al Faqih is limited to
the jurisdiction of the private wilayah such as the
guardianship of the judge. It is obvious that justice
includes forked subjects with wide varieties that cannot
be administered by one Faqih (jurist).
152
Imam Khomeini (RIP) discussed this topic in his book

Kitab al-Bay (The Book of Trade) explaining clearly
that no jurist enjoys jurisdiction over another jurist
regarding the issues that go under private jurisdiction.(1)
Based on this issue, the question orbits the space
of the general and social guardianship, the political
leadership of the society. Is this responsibility one? Is
there one leader for the entire nation or can there be
several learned jurists, the guardianships of whom can
spread over the different countries?
Definition No. 2
The multiplicity of al-Waliy al-Faqih can be thought

of in two ways:
One: That several jurists unite in the shape of a
leading council in order to lead the Muslim community.
Apart from its practical suitability, there is no proof that
(1) AL-KHOMEINI, Ruhullah, Kitab al Bay (The book of selling), pp. 514-519.
denies it. However, it is not the point of our previous

question.
Two: That each jurist be independent with his
jurisdiction from the other jurists. In this form, one
can understand that the point from the question is not
the effectiveness of the Jurists guardianship that is
multiplied in one social circle. This issue conflicts with
the necessity of general order. Instead, the point from
the question is that each jurist may act independently
with his jurisdiction over a geographic zone that differs
from the geographic zone of the other jurist in a way
where each country, city, or area enjoys its own jurist
guardian.
Based on these two definitions, we return to our
previous question: Is there one Jurist Guardian designed
for all the countries? Alternatively, are there several
Jurist Guardians with one designate for each country?
Two points of view address this question:
The theory of the multiplicity of al-Waliy

First theory: It maintains the multiplicity of alWaliy al-Faqih in accordance with the multiplicity of
the countries. There are two evidences on which the
embracers of this theory built their case:
Evidence No. 1: It focuses on the rational indications
that we discussed earlier in saying: these evidences,
153
being sensible, are intrinsic and do not require

generalization. One can only cling on to the ascertained
part of them. Consequently, the ascertained part of this
guardianship points to the leadership of the jurist over
the country that he actually rules. As for his leadership
over other countries, the issue remains questionable,
hence, in principle he has no jurisdiction over other
countries. Therefore, his jurisdiction is limited to the
country that is under his actual leadership.(1)
154
Evidence No. 2 : It focuses on the verbal indications

while maintaining that the pillar of these indications is
the previously mentioned acceptable letter of Umar Bin
Hanthala, which reads, They consider someone
amongst you, someone who narrated our tradition,
studied our licit and illicit issues, and recognized
our judgments.
Let them accept him as a judge because I made him a
ruler for you(2) This leads to a conclusion, appointing
the narrator of the tradition, the observer of the licit
and illicit issues, the one informed with the judgments,
a leader for the citizens of that country in particular
where they searched and selected. As for the rest of
the Muslim countries who did not search and did not
(1) SHAMS ED-DEAN, Muhammad Mahdi, Nitham al-Hukm wal Idara fil Islam (Governance and Administration System in Islam), third edition, Qum, Dar ath-Thaqafah
(publishing house), 1991, p. 418.
select this same jurist, he has no jurisdiction over them,

as he was not considered as a ruler. Hence, should the
citizens of another Muslim country consider another
jurist and select him, he would be the appointed ruler
apart from the jurist whose jurisdiction is limited to
his country due to the consideration and selection of
that country. The speech in this narration with other
similarities was not designed for the nation in order to
establish the jurisdiction of the jurist. Instead, it belongs
to those who observed and selected, which necessitates
that jurisdiction be limited to them without exceeding
them to include others.(1)
The theory of the oneness of al-Waliy
Second theory - It maintains the oneness of al-Waliy

al-Faqih in the sense that his guardianship is general
including all countries. It is not limited to the country
that is under the actual jurisdiction of the jurist.
Among the people who maintained this theory is
Imam Khamenei (May he live long). He stated saying,
The leadership of the guardian equals the rank
of the Imamate of the Imams of Ahlul Bayt (pbut),
unrestricted to one nation without the others or to
one country without the others.
(1) SHAMS ED-DEAN, Muhammad Mahdi, Nitham al-Hukm wal Idara fil Islam (Governance and Administration System in Islam), p. 419.
155
The signs indicate to his guardianship over

anyone who embraces Islam and faith without any
restriction or particularization.(1)
The category of Imam Khamenei (May he live long)
can be detailed as follows:
One: The previous indications to the oneness of the
political leadership of the Imams of Ahlul Bayt (pbut)
and that of the jurists explain why the guardianship of
the leader equals the rank of the Imamate of the Imams
(pbut) being a part of the root of this leadership.
156
This issue influences the viewpoint of the oneness

of the guardianship or its multiplicity in the shade
of the fact that the Imamate of the Imams (pbut) is
comprehensive regarding the entire nation without any
doubt or ambiguity. This case includes both Shiites and
Sunnites. One can notice from the Saqifah event that
the issue in the view of all Muslims was general for
the entire nation! It shows that not even one opinion
maintains that what happened proves the guardianship
(jurisdiction) over sacred Medina [where the selection
event took place] alone without the rest of the counties.
The case regarding the Imamate of Ahlul Bayt (pbut)
is clearer. However, a number of scripts reached us
confirming the unity of the Imamate over the nation.
(1) WIHBI, Malik, al-Faqih wa As-Sultah wa al-Ummah (The Jurist, Authority and Nation), p. 326
We will display a number of them.

I- AL-KULAINI quoted al-Hussein Bin Abi al-Alaa as
saying, I said to Abu Abdullah (pbuh). Can the
earth exist without an Imam? He (pbuh) said no.
I said could there be two imams. He (pbuh) said
no unless one of them is silent.(1)
II- As-Saddouq narrated quoting Ibn Abi Yafour as
saying, I asked Abu Abdullah (pbuh): can the
earth be left without an Imam? He (pbuh) said
no. I said could there be two imams. He (pbuh)
said no unless one of them is silent.(2)
III- As-Saddouq narrated quoting Hisham bin Salim
as saying, I said to As-Sadiq (pbuh): can there
be two Imams at one time? He (pbuh) said no
unless one of them is silent and guided by his
companion while the other is the articulate Imam
of his companion; no two articulate Imams could
exist at one time.(3)
Two: The signs indicating to the jurisdiction of
the jurist (Faqih), unlike the previously mentioned
multiplicity, are comprehensive, generalizing his
jurisdiction over all Muslim counties and all Muslims
without exception. Since the signs are of two kinds,
(2) AS-SADDOUQ, Muhammad, Kamal Ad-Dean wa Tamam An-Nemah, p. 223.
157
reasonable and traditional, we will discuss the issue

based on this diversification.
158
I- Regarding the reasonable signs, although they are

intrinsic and should suffice, yet still, the question
pertains to the ascertained quantity. When the
evidence of the oneness of al-Waliy al-Faqih
indicates to the maintenance of the system as
previously mentioned, there remains a necessity to
define the aim behind the system. Next, we must
discuss the kind of system that we seek. We must
discuss whether we are talking about a system of
a relationship between two siblings, a system of
a household, a system of a neighborhood, village,
city, municipality or a wider zone.
This issue must be defined in advance before
discussing the rational evidence with its outcome.
The mind deducts from the evidence of maintaining
the system the necessity of a government within the
social precinct that requires law and order. Therefore,
should this precinct be one of the rural villages, the
government should be assigned for this neighborhood
without having any affair with the other neighborhoods.
However, if the question, based on the Islamic view,
regards the nation as a one precinct with its entire
recognitions as a one social and congruent unit plus
its strong bond, which requires a system that manages
its affairs, in this case, the reasonable evidence,

mentioned previously, would maintain the necessity of
a government for this precinct, which means unity.(1)
This is with respect to the evidence of maintaining
order, based on the words of those who maintained the
multiplicity of al-Waliy al-Faqih in accordance with
the countries. Regarding the remaining guidelines, the
issue differs. The guideline of the Islamic judgments
plus Daleel al-Hisbah (accountability guideline) both
launch based on the comprehensiveness of judgments
regarding the entire nation. They also maintain that
neglecting or ignoring the nations affair is unacceptable
to Allah the Exalted, hence necessitating the presence
of a legitimate ruler who can manage its affairs.
The nation is the target of these two reasonable
evidences, hence, it would be incorrect to discuss an
ascertained level regarding guardianship over a part of
the nation without the other.
II- Regarding the verbal and traditional evidences, they
are two kinds:
First kind: These are the religious scripts informing
that one man heads the Muslims.
(1) WIHBI, Malik, al-Faqih wa As-Sultah wa al-Ummah (The Jurist, Authority and Nation), first edition, Beirut, ad-Dar al-Islamiyah (publishing house), 2000, p. 333.
159
Another speech that can be added to the general

support that Muslims are one nation plus the verses and
narrations that confirm the correlation of the Muslims
one to another(1). Al-Kishi narrated referring to Imam
Sadiq (pbuh), Why occupying yourselves with
heads, Muslims have one head only.(2)
This is a clear speech regarding the one leadership
for the entire Muslim community.
160
Second kind: These are the previous comprehensive

verbal and traditional evidences of Wilayat al-Faqih
(guardianship of the jurist) over all countries and all
Muslims. In order to demonstrate this issue, we present
the following points:
The previous traditional evidence, Lord, have
mercy on my successors,(3) informs us that those
who succeed me, narrating from me my words and
tradition(4) are the successors of Allahs messenger
(1) Examples are: And the believers, men and women, are protecting friends one of
another; they enjoin the right and forbid the wrong, and they establish worship and
they pay the poor-due, and they obey Allah and His messenger. [Surat At-Tawbah (The
Repentance), verse 71]. The narration quoted from Imam Sadiq (pbuh): Whosoever
absolves himself from the Muslims body, even one span, would be absolving the loop
of faith from his nock. [AL-HORR AL-AMILY, Muhammad Hassan, Wasael ashShia (The Means of Shia), vol. 8, p. 249.
(2) AT-TOUSI, Muhammad, Ekhtiyar Marifat Ar-Rijal (Choosing Mens Knowledge),
audited by Mahdi Ar-Rajaei, , Publishing edition unknown, Qum, Moassasat Al alBayt (publishing house), publishing date unknown, vol. 2, pp. 581-582.
(3) AS-SADDOUQ, Muhammad Bin Ali, Man La Yahdoroho al-Faqih (Unattended by
the Jurisprudent), vol. 4, p. 420.
(pbuh&hh) pertaining to the succession matter. The

guardianship of Allahs messenger (pbuh&hh) is
comprehensive including all the countries and all
Muslims. This comprehensive leadership also applies
to the guardianship of the jurists, the narrators of the
Hadith (the Prophets words) and Sunnah (the prophets
tradition).
The previous evidence, Regarding the
occurring events, refer them to the narrators of our
speech; they are my argument against you and I am
the argument of Allah (1), informs that these jurists,
the narrators of the speeches of Ahlul Bayt (pbut), are
the proof of the Imam to the Muslims and goes under
the entire precinct of the Imams argument. The Imam
(pbuh), being the proof of Allah the exalted to all
Muslims in all countries, provides the jurists with the
same argument.
The previous evidence, The scholars are the
heirs of the prophets (2), informs that the scholars,
being the heirs of the prophets regarding all the
precincts of their jurisdiction, means that they are their
successors over all the people and all the countries.
(1) AS-SADDOUQ, Muhammad, Kamal Ad-Dean wa Tamam An-Nemah (Perfection of

Religion and Completion of Grace, p. 484.
161
162
The words, I made him a ruler for you(1),

inform that the Faqih (jurist), the narrator of the Hadith,
the observer of the Halal (licit issues) and Haram (illicit
issues), the one informed with judgments, remains the
absolute ruler. There is no restriction regarding this
item. Moreover, the previous words of this expression,
the statement of the accepted narration, do not limit
the issue to considerers and choosers. The words of the
Imam (pbuh) They consider someone amongst you,
someone who narrated our tradition(2) represent
a decree that considers the Faqih as a ruler. It is strange
when someone exploits this category, saying that the
rulers position belongs to those who consider a jurist
from amongst the Shiites of the same country without
the other countries.(3)
Two supporters of the oneness of al-Waliy
al-Faqih
In addition to the previous discussions, we present

two issues that support the necessary oneness of alWaliy al-Faqih, heading the entire nation.
First supporter - Maintaining multiple guardians over
Muslim countries challenges some questions: What are
the borders of each country? Are these borders defined
(3) WIHBI, Malik, al-Faqih wa As-Sultah wa al-Ummah (The Jurist, Authority and Nation), pp. 335-337.
according to the Sykes-Picot agreement and other

similarities? Alternatively, do they define the district,
province, city or village?
Does opening the field for multiple leaderships make
way for the decay of the nation increasingly, expanding
the issue to include neighborhoods?
Second supporter - The existence of one leader for
each geographic zone encourages each leader to favor
the priorities of his geographic zone, which happens at
the expense of another Muslim country.
On the other hand, should there be one leader for
all the countries, who would be expected to favor the
general benefit of all Muslims, not the benefit of a
certain geographic zone with a certain prioritization.
163
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Contents
Introduction:............................................................................................................................................... 7
Lesson [1]
What is the meaning of Wilayat al Faqih?....................................................... 9
The meaning of al-Wilayah (guardianship)................................................... 9
The meaning of al-Faqih (Jurist).............................................................................. 10
The meaning of Wilayat al Faqih (guardianship of the jurist)...... 10
Examples of the resources of al-Wilayah [guardianship]......... 11
Lesson [2]
What is the evidence of Wilayat al Faqih?.................................................... 21
Reasonable Evidence.............................................................................................................. 21
The rank of the reasonable evidence................................................................... 22
The three types of reasonable evidence........................................................... 23
The Imam (RIP) gave examples to his words such as:..................... 24
Islam is the religion of a government................................................................ 27
Second type of evidence: The preservation of order....................... 32
Third type of evidence: Al-Hisbah (The Accountability)......... 35
Guardianship regarding orphans and incipient jihad...................... 38
179
Lesson [3]
What is the evidence for Wilayat al Faqih?................................................. 41
Traditional Evidence................................................................................................................ 41
From these indications, we present the following:............................ 42
Three questions remain regarding the report. They are:............. 44
Second: The Correspondence of Isaac Bin Yacoub ........................ 46
The source of the report....................................................................................................... 47
The significance of the report...................................................................................... 47
Fourth: The report of al -Qaddah............................................................................. 52
Regarding reasonable and traditional evidence..................................... 56
180
Lesson [4]
Is the view of Wilayat al Faqih modern or ancient?........................ 57
Lesson [5]
Why was Wilayat al Faqih alienated?.................................................................. 83
Answer:.................................................................................................................................................... 84
External Elements....................................................................................................................... 85
Internal Elements......................................................................................................................... 86
Lesson [6]
What are the qualities of the Jurist Guardian?..................................... 97
Firstly - Experience in Law ........................................................................................... 97
Secondly - Equity........................................................................................................................ 99
Thirdly - Competence..........................................................................................................102
The best guardian is preferable................................................................................103
How do we define the best of the Jurists?..................................................106
Lesson [7]
What is the difference between the Imam (pbuh) and
Wilayat al Faqih?............................................................................................................................109
1-The religious authority (al-Marjaeiyyah ad-Deeniyyah).109
2- The moral stature................................................................................................................112
3- The political leadership..............................................................................................114
Lesson [8]
How do we conform between Marja et-Taqlid and Wilayat
al-Faqih?......................................................................................................................................................121
1- What is the difference between the Fatwa (religious decree)
of the Marja and the Hukm (order) of the Waliy?....................................121
The prerequisites of Marja et-Taqlid...............................................................124
The prerequisites of al-Waliy al-Faqih...........................................................127
Between the prerequisites of al-Marja and that of al-Waliy............... 127
3- Al-Waliy and al-Marja, are they one or multiple?.................129
To elaborate on the issue, let us discuss the following:.............132
Lesson [9]
Is Wilayat al-Faqih Dogmatic or Jurisprudential?.........................139
The question is:............................................................................................................................140
181
Answer: we must:......................................................................................................................140
Is Wilayat al Faqih jurisprudential or scholastic?.............................142
The outcome.....................................................................................................................................146
The dogmatic position and nature of Wilayat al Faqih..............146
Lesson [10]
Is there one or several Jurist Guardians?....................................................151
182
Defining the range of the question.......................................................................151

Two points of view address this question:.................................................153
The theory of the oneness of al-Waliy............................................................155
Two supporters of the oneness of al-Waliy al-Faqih.....................162
Sources and References...........................................................................................................165
Contents........................................................................................................................................................179
Other Publications of the Author..............................................................................183
Other Publications of the Author

1- Haqiqat al-Jafr end Ash-Shia (The truth of al-Jafr Book
with respect to the Shias), Dar As-Safwah (Publishing
House)
2- Haqiqat Mushaf Fatima end Ash-Shia (The truth of
Fatimas Quran with respect to the Shias), Dar As-Safwah
(Publishing House). This book won the Best Book
Prize in 2003 A.D. at the International Commandment
Festival in Iran.
3- Wilayat al-Faqih, Bayn al Badaha wa al-Ekhtilaf (Supreme
Jurist Leadership, amid intuition and differences), Dar
As-Safwah (Publishing House). This is a Masters thesis
that was awarded excellence coupled with commendation
and recommendation for publishing.
4- Dourous Fi elm Ad-Dirayah (Lessons in cognitive
science), Dar As-Safwah (Publishing House), approved
for use by the religious studies curriculum.
5- Mizan as-Siyar Wa As-Solouk (The Scale of Biographies
and Conduct), Dar As-Siraj Lith-Thaqafah Wa An-Nashr
(As-Siraj House for Culture and Publishing).
6- Kayfa Tajal Waladaka Salihan (How to make your child
righteous?), Dar As-Siraj Lith-Thaqafah Wa An-Nashr
183
(As-Siraj House for Culture and Publishing).

7- Kayfa Tarje Kama Waladatka Ummuk (How to leap
back to the day when your mother gave birth to you?),
Dar As-Siraj Lith-Thaqafah Wa An-Nashr (As-Siraj
House for Culture and Publishing).
8- Limaza Noqallid? Kayfa Wa Man? (Why do we imitate?
How and Whom?), Dar As-Siraj Lith-Thaqafah Wa AnNashr (As-Siraj House for Culture and Publishing).
8-1- Why do we imitate? How and whom? English issue.
(Noun Center for printing and translation)
184
8-2- Pourquoi imiter? (suivre un concept) Comment? Et qui?

French issue. (Noun Center for printing and translation)
9- Wa Layal (in) Ashr (And by ten nights) - Inspirational
Ashura, Dar As-Siraj Lith-Thaqafah Wa An-Nashr (AsSiraj House for Culture and Publishing).
10- Nidaa Ar-Rahil (Departure invitation (Death and
the Partition [amid both words]), Dar As-Siraj LithThaqafah Wa An-Nashr (As-Siraj House for Culture and
Publishing).
11- Dalil al-Arousayn (The bride and bridegroom manual,
from Engagement to Marriage), Dar As-Siraj LithThaqafah Wa An-Nashr (As-Siraj House for Culture and
Publishing).
11-1- The bride and bridegroom manual, from Engagement
to Marriage, English issue.
12-Barqiyyat al-Hussein peace be upon him (Al Husseins

telegram), Dar As-Siraj Lith-Thaqafah Wa An-Nashr
(As-Siraj House for Culture and Publishing)
13- Thalath Houqouq Lihayat Zawjiyyah Najiha (Three
rights made for a successful marital life), Dar As-Siraj
Lith-Thaqafah Wa An-Nashr (As-Siraj House for Culture
and Publishing).
14- Saadat Az-Zawjayn Fi Thalath Kalimat (The spouses
happiness in three words), Dar As-Siraj Lith-Thaqafah Wa
An-Nashr (As-Siraj House for Culture and Publishing).
15- Hakaza Takoun Saeedan (Finding Happiness), Dar AsSiraj Lith-Thaqafah Wa An-Nashr (As-Siraj House for
Culture and Publishing).
16- Wa Atmamnaha Biashr (And with ten we concluded it)
Inspirational Ashura, Dar As-Siraj Lith-Thaqafah Wa
An-Nashr (As-Siraj House for Culture and Publishing).
17- Al-Masael al-Mustafat Fi Ahkam At-Tahara Wa AsSalat (The chosen issues regarding the legal opinions of
purification and prayer).
18- Ahkam An-Nisaa (The legal opinions of women issues).
19- At-Tableegh Min Wahei At-Tajribah (Information
inspired by experience).
20- Paulo em busca da verdade (Paulo, in search of the
truth), Portuguese issue.
21- ISLAM NO ORACAO A <<Assalat>> (Prayer in
Islam), Portuguese issue.
185
22- Khoyout Al Qubbaah (Hat linings), Dar As-Safwa

(Publishing House).
23- Hayek Al Qubbaah (Hat weaver), by Imam Sayyid
Abdul Hussein Sharaf Ed-Dean, Dar As-Safwa
(Publishing House).
24- Shahrullah (The month of Allah Decorum Occasions
Commanders), Bayt As-Siraj Lith-Thaqafah Wa AnNashr (Lantern House for Culture and Publishing).
25- Yasalounaka An Allah (They ask you about Allah),
Bayt As-Siraj Lith-Thaqafah Wa An-Nashr (Lantern
House for Culture and Publishing).
186
25-1- They ask you about Allah, English issue.

26- Yasalounaka An al-Anbiyaa (They ask you about the
prophets), Bayt As-Siraj Lith-Thaqafah Wa An-Nashr
(Lantern House for Culture and Publishing).
27- Yasalounaka An al-Aèmmah (They ask you about
the Imams peace be upon them), Bayt As-Siraj LithThaqafah Wa An-Nashr (Lantern House for Culture and
Publishing).
28- Yasalounaka An al-Waley (They ask you about the
guardian), Bayt As-Siraj Lith-Thaqafah Wa An-Nashr
(Lantern House for Culture and Publishing).
29- Kayfa Nabni Mujtamaan Arqa (How do we build an
advanced society).
30- Kayfa Natawasal MaAn-Nas (How do we communicate
with the people).
31- Qafilat al-Bashariyah, Min Safinat Nuh Ela Dawlat

al-Mahdi (The caravan of mankind, from the time of
Noahs ark until the time of the state of al-Mahdi the
guided one; may Allah hasten his advent).
32- Takfir (accusing another of apostasy), Islam regulations
and Muslims practices, al-Amir Publishing House,
Beirut, Lebanon.
33- They ask you about the Day of Resurrection, as-Siraj
House for Culture and Publishing, Beirut, Lebanon.
34- This is Allahs Messenger, as-Siraj House for Culture
and Publishing, Beirut, Lebanon.
35- Lectures on Islamic Culture, as-Siraj House for Culture
and Publishing, Beirut, Lebanon.
You can review all these books and more
at siraj-alqaem website.
www.sirajalqaem.com
akrambaraket@sirajalqaem.com
187

They Ask You About The Waliy (Gaurdian)

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They Ask You about the Waliy (Guardian)

Book: They Ask You about the Waliy (Guardian)

Publisher: Bayt As-Siraj Lith-Thaqafah Wan-Nashr (As-Siraj House for

First Edition: Beirut, 2014 AD - 1435 AH

Special thanks go to translator "Fouad Rustom"