Guiding the Ummah during the Age of the Major Occultation

Hawzah News Agency- One of the most important and fundamental issues in the era of occultation is the matter of wilayah (guardianship/authority) and the supervision of the affairs of Muslims.

It is clear that from the very beginning of Islam, the issue of wilayah and leadership of the ummah was present. Prophet Muhammad (pbuh), and after him the infallible Imams (pbut), not only explained the religion (Shari‘ah) and its teachings, but were also the Imams, guardians (awliya), and leaders of the community. That is, all Muslims were obligated to obey them in all individual and social matters, and no Shia Muslim doubts this truth.

The question arises after the occultation of the Twelfth Imam (pbuh) that who is responsible for the leadership and imamate of the ummah? Is there an individual or group that holds the authority(wilayah) over the community? And if such authority exists, what are its boundaries?

To answer this important question, the concept of Wilayat al-Faqih (Authority of the Jurist) has long been discussed.

Conceptual Understanding of Wilayat al-Faqih

The word “wilayah” comes from the root wali and originally means “to be placed alongside something” while having a relationship with it. Therefore, it is also used in the sense of friendship, support, and following.

One of its most important meanings, and the one most widely applied, is the supervision and management of the affairs of others. In this sense, a “wali” is someone who undertakes responsibility for the affairs of others and supervises them. This is exactly the meaning intended in Wilayat al-Faqih.

The term “Faqih” comes from the root fiqh, meaning understanding or knowledge, mostly applied to religious knowledge. A Faqih is someone who has complete awareness of Islamic teachings and rulings and is considered an expert in them. In other words, based on the wide knowledge acquired in various fields of Islamic sciences, a Faqih can derive Allah’s rulings in individual and social matters from the Qur’an and Islamic traditions(hadiths and narrations).

Historical Background of the Theory of Wilayat al-Faqih

Some may believe that Wilayat al-Faqih is a new concept with no basis in Islamic jurisprudence and that it was invented solely from the political thought of Imam Khomeini. However, this is a misconception arising from a lack of understanding of fiqh and the teachings of the infallible Imams (pbut).

Wilayat al-Faqih finds its roots in the statements of the infallible Imams, who, due to religious and social necessities, explicitly recognized the authority (wilayah) of the jurists (fuqaha). After them, the concept continued to appear in the writings and opinions of prominent Shia jurists. Some examples are as follows:

• Shaykh al-Mufid (d. 413 AH), one of the greatest Shia jurists, says:
  
  “When the just ruler (i.e., the infallible Imam, pbuh) is absent to assume wilayah, it is incumbent upon the just and knowledgeable jurists, who are followers of the righteous path (Ahl al-Haqq), to undertake the authority (wilayah) of what falls under the responsibility of the just ruler..”

• Shaykh al-Tusi (d. 460 AH), known as Shaykh al-Ta’ifah (the leading Shia scholar), says:
  “Issuing rulings among the people, establishing ordained punishments, and judging disputes is not permissible except for someone who has been authorized by the legitimate ruler (the infallible Imam). Such matters, when the Imams themselves cannot carry them out, are undoubtedly entrusted to the Shi‘a jurists.”

• Muhaqiq Thani (d. 940 AH), known as Muhaqiq Karaki, says:
  
  “The Shi‘a jurists agree that a just Shi‘a jurist who meets the conditions for issuing a fatwa, during the period of occultation, acts as the deputy of the Imams (pbut) in all matters that can be delegated.”

• Mulla Ahmad Naraqi (d. 1244 AH), known as Fadhil Naraqi, says:
  
  “Whatever authority (wilayah) the Prophet (pbuh) and the Imams (pbut) possess as rulers and guardians of Islam, the jurist also possesses the same authority, except where there is evidence to the contrary.”

• Ayatollah Golpayegani, a contemporary grand jurist, says:
  
  “The domain of the jurists’ authority (jurisdiction) is general… The domain of a qualified jurist’s authority (wilayah) in matters related to leadership and governance of the community is similar to the domain of the Imams’ authority, except in cases where evidence excludes it.”

These are only a few examples from the statements of Shi‘a jurists across different centuries. There are hundreds of other clear examples showing that the matter of Wilayat al-Faqih has always been present in the thought and discourse of Shi‘a scholars and widely accepted by them.

The great jurist of the time and the leader of the Islamic Revolution, Imam Khomeini, with exceptional insight and understanding of the time, openly articulated this Islamic theory and established the Islamic government based on it. That is, he implemented the concept of Wilayat al-Faqih in the social sphere of Muslims and introduced it as the most complete form of religious governance during the occultation.

This discussion continues…

Adapted from “Negine Afarinesh" [The Jewel of Creation] with slight modifications.

References:

1. Mufradat Raghib, entry “wali”.

2. Lisan al-‘Arab, vol. 13, entry “fiqh.”

3. Al-Muqni‘ah, p. 675.

4. Al-Nihayah wa Nukatuha, vol. 2, p. 17.

5. Rasa’il, al-Muhaqqiq al-Karki, vol. 1, p. 142.

6. ‘Awa’id al-Ayyam, pp. 187–188.

7. Al-Hidayah ila man lahu al-Wilayah, p. 79.