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.
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.