Mahdism (39) | Transmitted proof of Wilayat al-Faqih -Part 2

Hawzah News Agency- One of the most important proofs for Wilayat al-Faqih (Guardianship of the Jurist), as mentioned before, comes from the hadiths. In the previous issue, we referred to the Tawqīʿ of Imam Mahdi(pbuh). In this issue, we consider another narrated hadith.

The Maqbulah of ʿUmar ibn Ḥanzalah(1)

Among the hadiths cited by jurists to prove the Wilayat al-Faqih is one narrated by ʿUmar ibn Ḥanzalah. He said:

I asked Imam Sadiq (pbuh):

“When two Shiʿa dispute over debt or inheritance, is it permissible for them to bring their case before the unjust ruler (sultan) or a judge appointed by him?”

The Imam replied:

Whoever brings a dispute to them—whether rightly or wrongly—has in fact submitted to the tyrant (taghut). Even if he is given what is rightfully his, he only acquires it unlawfully, because he took it by the judgment of the tyrant, which God has forbidden obeying. As Allah (swt) says:

«يُرِيدُونَ أَنْ يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَنْ يَكْفُرُوا بِهِ»

They want to judge by the tyrant, even though they were commanded to disbelieve in him.(al-Nisa/60)

[When I saw that the Imam condemned and prohibited the Shi‘a from referring to the tyrant ruler and his judge with such severity] I asked: “Then what should the Shi‘a do in such cases?”

Then the Imam continued:

«یَنْظُرَانِ إِلَی مَنْ کَانَ مِنْکُمْ مِمَّنْ قَدْ رَوَی حَدِیثَنَا وَ نَظَرَ فِی حَلَالِنَا وَ حَرَامِنَا وَ عَرَفَ أَحْکَامَنَا فَلْیَرْضَوْا بِهِ حَکَماً فَإِنِّی قَدْ جَعَلْتُهُ عَلَیْکُمْ حَاکِماً فَإِذَا حَکَمَ بِحُکْمِنَا فَلَمْ یَقْبَلْهُ مِنْهُ فَإِنَّمَا اسْتَخَفَّ بِحُکْمِ اللَّهِ وَ عَلَیْنَا رَدَّ وَ الرَّادُّ عَلَیْنَا الرَّادُّ عَلَی اللَّهِ وَ هُوَ عَلَی حَدِّ الشِّرْکِ بِاللَّهِ.»

[When two Shiʿa are in dispute], they should choose as their arbitrator one among you who transmits our hadiths, studies our lawful (halal) and forbidden (haram) matters, and knows our rulings. Accept him as your judge, for I have appointed him over you. If anyone rejects his judgment, they have belittled the command of Allah and disregarded our guidance. Whoever rejects us has in fact rejected Allah, and this act is on the level of associating partners with Allah (shirk).

(Al-Kafi, Vol. 1, p. 67)

Key Points from This Noble Hadith

1. Disputes must not be referred to an unjust ruler or his appointed judge, as the Qur’an and hadiths forbid it.

2. Imam Sadiq (pbuh) instructs that in such matters, believers should refer to a transmitter of the Imams’ hadiths—someone fully familiar with the lawful and forbidden and knowledgeable of the Imams’ rulings. Clearly, only a qualified jurist (faqih) possesses this complete understanding.

3. The question in the report concerns a dispute between two parties, but the Imam issues a general and comprehensive law:

“I have appointed him as judge over you.”

Here, the jurist is introduced as a governing authority over the Shiʿa—a person who reigns over others, is their guardian, and manages their affairs.

4. The Imam further explains that once such a jurist rules, the people must accept it, and rejecting his ruling is equivalent to rejecting the Imam’s command, which in turn is equivalent to rejecting Allah. This establishes the jurist as the authority in all rulings—individual, social, judicial, and non-judicial.

Scholarly Endorsements

The eminent Shiʿa jurist, Muhammad Hasan Najafi, known as Sahib al-Jawahir (d. 1266 AH)(2), states:

“The general appointment of jurists applies to all matters; whatever the Imam has authority over, the jurist also has authority. This is in accordance with the Imam’s statement: ‘I have appointed him over you’. Jurists thus exercise jurisdiction in rulings, governance, and related authority, as is indicated in the Tawqiʿ of Imam Mahdi: ‘They are my proof over you’—meaning that the jurists are proof against you in everything that I am proof of, except where there is evidence to the contrary.”
(Jawahir al-Kalam, vol. 21, pp. 396–397)

The great Shiʿa scholar Shaykh al-Ansari (d. 1281 AH) adds:

“From the term “حاکم” (haakim) in ʿUmar ibn Ḥanzalah’s narration, we understand it to mean absolute authority. Just as the Imam said: ‘I have appointed this person as your governor,’It is similar to the expression that a ruler says: ‘I have appointed so-and-so as your governor.’ From this expression, it is understood that the ruler has given that person authority over all general and specific matters of the citizens that relate to governance.”
(Qadhaʾ wa Shahadah, p. 8–9)

Conclusion

From this report, it is clear that the jurist derives his authority from the infallible Imam, as both the Tawqiʿ of Imam Mahdi and ʿUmar ibn Ḥanzalah’s narration show. The Imam appoints the jurist as proof (hujjah) and ruler over the people. Hence, the jurist possesses authority (wilayah) through the Imam’s appointment.

Indeed, the acceptance and practical implementation of this authority depend on the people’s recognition and consent to the jurist’s rule.

This discussion continues…

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

Notes:

1. ʿUmar ibn Ḥanzalah was a companion of Imam Baqir and Imam Sadiq (pbut) and a renowned transmitter of hadith, cited by major companions such as Zurarah, Hisham ibn Salim, and Safwan ibn Yahya. The term “maqbulah" refers to a narration widely accepted by scholars.

2. Muhammad Hasan Najafi, known as Sahib al-Jawahir (d. 1266 AH), the illustrious jurist, authored the monumental 43-volume collection of jurisprudence named Jawahir al-Kalam, a standard reference for Shiʿa scholars for generations.