1- PhD Student, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. 2- Associate Professor, Faculty of Theology, University of Tehran, Tehran, Iran. 3- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran.
Abstract: (1258 Views)
Background and Aim: Belief in "Velayat-e-Faqih" is one of the most original Islamic ideas and one of the important pillars means that it takes precedence over other basic rules of Islam in the two religions of Shiism and Sunni. The main subject and purpose of this study is to study this opinion in Islam, including the views of the Shiite religion and the views of the Sunnis. Materials and Methods: This research is a fundamental research that has been done in a theoretical and practical way and while analyzing the theoretical, jurisprudential and legal principles and comparing these principles with each other, the application of these principles in the field of law and interpretive narrations has been studied and analyzed. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: The legitimacy of the government, whether in the time of the Prophet (PBUH), the Imams (AS) or the time of absence is sacred by the Shari'a, and the people have no role in legitimizing the government, they are only involved in establishing and realizing the government. For the society, the presence of someone who manages the society with Velayat is necessary. Some, in expressing the evidences of Velayat-e-Faqih, have considered it as a definite matter and certainty of religion, and they believe that Velayat-e-Faqih is not one of the matters that need reason and proof. Conclusion: Sunni jurists consider some Velayat-e-Faqih a necessity in public and private affairs and a small group considers it a priority. Necessarily or preferably, the person in charge of public affairs must be a "jurist"; As a result, the one who runs the society has two descriptions of guardianship and jurisprudence, which he is called "Vali-e-Faqih", and the system that is created on this basis is the system of "Velayat-e-Faqih".
Rezaei S, Momeni A, Faghihi A. Theory of Velayat-e-Faqih in the Jurisprudence of the Five Religions. ILR 2021; 2 (1) :96-106 URL: http://ilrjournal.ir/article-1-145-en.html