لطفا منتظر باشید ...
These are two instances in which the Infallible
Imam can both empower a person (i.e. as his attorney) and establish the
trusteeship for a person. But the people have not the authority in neither of
these tasks concerning the religious issues. It is not true that the people
empower the leading authority, or establish the office of trusteeship (wilayah) for him. The people neither establish the
power of attorney in the judgment for the fully qualified jurisprudent, so that
he becomes their attorney to be a judge, nor they establish the office of
trusteeship for judging so that he becomes the custodian of judgment, and to
have the trusteeship upon judgment on behalf of the people.
Rather the offices that the religion has granted
to the fully qualified jurisprudents, whether the people accept or not, that
jurisprudent possesses this authority in a demonstrating manner (thuboutan), but the intellectual pious people
identify the individuals that deserve such offices, then recognize and accept
the office of one who is fully qualified. As it is the recognition and
acceptance in the discussion of the position of an authority (marjiiyyah) and not the empowering, concerning the
jurisprudent that has trusteeship upon the people, the discussion is also the
recognition and acceptance and not the empowering.
In some cases the people accept the trusteeship
of the Special Deputy (of the Imam), like those who accepted the wilayah of Muslim ibn Aqil and Malik ibn Ashtar. As they accept the
trusteeship of the General Deputy in the other cases.
So, it is not true that trusteeship of the
jurisprudent is an invalid condition and invalidates the contract so that the
local and international treaties of the Islamic System to be unauthorized.
So, it has been (clearly) concluded in brief
that the wilayah discussed in the Holy Quran and in the traditions in some cases denote
undertaking the affairs of a dead (deceased) or he who is tantamount to
him/her; and in the other cases it means the tenure of the affairs of the
community.
The following contain two series of some Quranic verses for instance, concerning the two different
meanings:
The
verses indicating the wilayah upon a dead
(deceased) or he who is tantamount to him/her:
1.A. The wilayah
upon a dead (deceased)
And whoever is slain unjustly, then indeed have We given
his heir the authority by God that surely we will suddenly attack by night, him
and his family, and then surely we would say unto his heir we witnessed not the
murder of his family, (Quran: XXVII, 49)
1.B. the wilayah
upon the interdicted who are tantamount to a dead
But
if he who oweth be witless
or infirm, or if he be not able to dictate himself then let his guardian
dictate justly (Quran: II, 282)
They
said: "Swear ye to one another by God that surely we will suddenly attack by
bight, him and his family, and then surely we would say unto his heir we
witnessed not the murder of his family, " (Quran: XXVII, 49)
The
verses denoting the trusteeship (wilayah)
upon the Islamic Community:
"Verily,
your guardian is (none else but) Allah and His Apostle (Muhammad) and those who believe, - those
who establish prayer and pay the poor-rate, while they be (even) bowing down (in prayer)."
(Quran: V, 57)
"The
Prophet (Muhammad) hath a greater claim on the believers that they have on
their own selves "
(Quran:
XXXIII, 6)
Either kinds of wilayah
has its respective terms and conditions (ordinances) that were discussed in
this article in brief. Wilayat al-Faqih
is of the second kind. Therefore, it is not at all the question of being the
Islamic Community an interdicted one; and none of the ordinances of the wilayah upon the interdicted discussed in the
Islamic jurisprudence including the chapters of the funerals, taking reprisals,
reduction (of the punishment), pardon, blood-money, wali
of the blood of the slayed (maqtoul),
or the chapter of the interdiction - are applicable in this case.
THE END
P. S. The above article was the result of
rewriting and editing of four lectures that Ayatollah Jawadi
Amoli gave on the subject of Wilayat
al-Faqih in his Commentary Lectures.
