Journal of Imamiyyah Studies

Journal of Imamiyyah Studies

The Guardianship of the Jurist: A study of the Views of Abd al-Karim Haeri and Ansari

Document Type : Original Article

Authors
Hamid Reza Fathi Saghghezchi 1
Mohammad Jawad Arasta 2
Seyyed Mohammad Sadegh Ahmadi 3
1 PhD Student in Public Law, Islamic Azad University of Isfahan (Khorasgan), Isfahan, Iran
2 Associate Professor, Department of Law, Farabi Campus, University of Tehran, Qom, Iran
3 Assistant Professor of Law, Islamic Azad University of Isfahan (Khorasgan), Isfahan, Iran
10.22034/jis.2021.187024.1348
Abstract
Guardianship is a subject that Imami jurists have researched and investigated throughout history. Among the various chapters of jurisprudence, there are issues that make jurists discuss and examine welayt faghih (the guardianship of the jurist. The main purpose of addressing the issue of guardianship is to find the answer to the question: If a qualified jurist takes over the administration of the society, what level of guardianship does Imami jurisprudence consider for him and to what extent is the territory of his guardianship? Research and investigation into the written works of jurists lead to the conclusion that the difference of views and arguments between jurists is one of the salient points in this regard. It can be said that the political and social situation in different historical periods has also played an effective role in determining the authority of jurists. This article explores the views of two prominent jurists Ansari and Abd al-Karim Haeri.
Keywords
Jurist
Guardianship
Meanings of Guardianship
Levels of Guardianship
Ansari, Morteza. 1994. Ketab al-Makaseb (Book of Businesses), Qom: World Congress in Honor of Great Sheikh Ansari, First Edition. [in Arabic]
Araki, Mohammad Ali. 1994. Ketab al-Bay‘ (Book of Trade), Qom: In the Right Way Institute, First Edition. [in Arabic]
Arasta, Mohammad Jawad. 2011. Mabani Tahlili Nezam Jomhuri Eslami Iran (Analytical Foundations of the Islamic Republic of Iran), Qom: Bagher al-Olum (AS) University, First Edition. [in Farsi]
Arasta, Mohammad Jawad. 2018. "Hokumat Dini wa Nesbat An ba Faghihan az Didgah Ayatollah Araki (Religious Government and Its Relationship with Jurists from the Perspective of Ayatollah Araki). In: Proceedings of the International Conference on the Rights of the People and Religious Government in Imam Khomeini's Thought, Tehran: Oruj, First Edition. [in Farsi]
Bahr al-Olum, Mohammad ibn Mohammad Taghi. 1983. Be Loghah al-Faghih (With the Language of the Jurist), Tehran: Publications of al-Sadegh (AS) Library, Fourth Edition. [in Arabic]
Gharawi Nayini, Mirza Mohammad Hoseyn. 1992. Al-Makaseb wa al-Bay‘ (Businesses & Trade), Qom: Islamic Publications Office Affiliated with Qom Seminary Teachers Association. [in Arabic]
Gharawi Nayini, Mirza Mohammad Hoseyn. 1995. Monyah al-Taleb fi Hashiyah al-Makaseb (Seeker Aspiration in the Annotation of the Book of the Businesses), Tehran: Mohammadi Library. [in Arabic]
Ibn Fares, Ahmad. 1984. Mojam Maghayis al-Loghah (Dictionary of Comparative Language), Qom: Qom Seminary Islamic Propaganda Office, First Edition. [in Arabic]
Irawani, Ali ibn Abd al-Hoseyn. 1986. Hashiyah al-Makaseb (Annotation on the Book of Businesses), Tehran: Ministry of Culture and Islamic Guidance, First Edition. [in Arabic]
Kadkhodayi, Abbas Ali. 2013. Hakemiyat Ghanun wa Welayat Motlagheh Faghih (The Rule of Law and the Absolute Guardianship of the Jurist), Tehran: Dadgostar, First Edition. [in Farsi]
Khorasani, Mohammad Kazem. 1986. Hashiyah al-Makaseb (Annotation on the Book of Businesses), Tehran: Ministry of Culture and Islamic Guidance, First Edition. [in Arabic]
Khoyi, Seyyed Abu al-Ghasem. n.d. Mesbah al-Feghahah (The Light of Jurisprudence), by Mohammad Ali Tawhidi, in: Comprehensive Jurisprudence Software, Qom: Computer Research Center of Islamic Sciences (Light).
Kompani Esfahani, Mohammad Hoseyn. 1997. Hashiyah Ketab al-Makaseb (Annotation of the Book of Businesses), Qom: Anwar al-Hoda, First Edition. [in Arabic]
Lari, Seyyed Abd al-Hoseyn. 1992. Al-Talighah ala al-Makaseb (Annotation of the Book of Businesses), Qom: Islamic Teachings Institute, First Edition. [in Arabic]
Majlesi, Mohammad Bagher. 1983. Behar al-Anwar (Oceans of Lights), Beirut: Arabic Heritage Institute, Second Edition. [in Arabic]
Makarem Shirazi, Naser. 2004. Anwar al-Feghahah (The Lights of Jurisprudence), Qom: Imam Ali (AS) School, First Edition. [in Arabic]
Mamaghani, Mohammad Hoseyn. 1938. Ghayah al-Amal fi Sharh Ketab al-Makaseb (The End of Wishes in the Explanation of the Book of Businesses), Qom: Islamic Resources Association, First Edition. [in Arabic]
Marefat, Mohammad Hadi. 2009. Welayat Faghih (The Guardianship of the Jurist), Qom: Tamhid Cultural Institute, Third Edtion.
Mazaheri, Hoseyn. 2000. Nokteh-hayi Piramun Welayat Faghih (Notes on the Guardianship of the Jurist), Isfahan: Basaer, Second Edition. [in Farsi]
Montazeri, Hoseyn Ali. 1989. Derasat fi Welayat al-Faghih (Studies in the Guardianship of the Jurist), Qom: International Center for Islamic Studies. [in Arabic]
Montazeri, Hoseyn Ali. 1998. Mabani Feghhi Hokumat Eslami (Jurisprudential Principles of Islamic Government), Translated by Mahmud Salawati, Tehran: Keyhan, First Edition. [in Farsi]
Morawwej Jazaeri, Seyyed Mohammad Jafar. 1995. Hoda al-Taleb fi Sharh al-Makaseb (Guidance of the Student to the Explanation of the Book of Businesses), Qom: Book Institute, First Edition. [in Arabic]
Musawi Khomeyni, Seyyed Ruhollah. 2000. Ketab al-Bay‘(Book of Businesses), Tehran: Institute for Compilation and Publication of Imam Khomeyni's Works, [in Arabic]
Musawi, Seyyed Mohammad Mahdi. 2001. Hakemiyat dar Eslam ya Welayat Faghih (Governance in Islam or the Guardianship of the Jurist), Qom: Islamic Publications Office Affiliated with Qom Seminary Teachers Association. [in Farsi]
Musawi, Seyyed Mohammad Mahdi. 2004. Al-Hakemiyah fi al-Eslam (Governance in Islam), Qom: Islamic Thought Association, First Edition. [in Arabic]
Najafi, Mohammad Taghi. 1993. Resalah fi Welayah al-Hakem al-Faghih (Treatise on the Guardianship of the Ruling Jurist), Translated by Musawi Najafi, Tehran: n.pub. [in Farsi]
Najm Abadi, Mohammad. 2000. Ketab al-Qaza (Book of Judgment), Qom: Imam Reza (AS) Islamic Teachings Institute, Qom: First Edition. [in Arabic]
Naraghi, Ahmad. 1996. Awaed al-Ayyam (Benefits of Days), Qom: Qom Seminary Islamic Propaganda Office, First Edition. [in Arabic]
Ragheb Esfahani, Hoseyn ibn Mohammad. 1991. Mofradat Alfaz al-Qoran (Dictionary of Quranic Terms), Beirut: Knowledge Institute, First Edition. [in Arabic]
Rey Shahri, Mohammad. 2017. Mizan al-Hekmah (Yardstick of Wisdom), Qom: Hadith Institute, Fourth Edition. [in Arabic]
Safi Golpaygani, Lotfollah. 1994. Zarurah Wojud al-Hokumah aw Welayah al-Foghaha fi Asr al-Ghaybah (The Existential Necessity of the Government and Guardianship of Jurists in the Time of Occultation), Qom: n.pub. [in Arabic]
Shahidi Tabrizi, Mirza Fattah. 1997. Ershad al-Taleb (Guiding the Seeker), Tehran: Ettela‘at Press, First Edition. [in Arabic]
Shahidi Tabrizi, Mirza Fattah. n.d. Hedayah al-Taleb ela Asrar al-Makaseb (Guidance of the Student to the Secrets of the Book of Businesses), Tabriz: Ettela‘at Press, First Edition. [in Arabic]
Shartuni, Sa‘id. 1957. Aghrab al-Mawared fi Fosh al-Arabiyah wa al-Shawared, Qom: Al-Oswah Institute for Printing and Publishing. [in Arabic]
Tabrizi, Jawad. 1995. Ershad al-Taleb ela al-Taligh ala al-Makaseb (Guiding the Seeker to Comments on the the Book of Businesses), Qom: Ismaili Institute, Third Edition. [in Arabic]
Taheri Khorram Abadi, Seyyed Hoseyn. n.d. "Masalah Welayah al-Faghih fi Kalam al-Sheykh al-Ansari (The Issue of the Guardianship of the Jurist in the Words of Sheikh Al-Ansari)". In: Proceedings of Sheikh Ansari Congress, n.p: n.pub. [inArabic]