Abstract:
A jurist is recognized by issuing fatwas; the scope of fatwa is comprehensive and extensive, covering the individual and social affairs of the Islamic Ummah. Beyond the jurist's fatwa, there would be no obligation for the individual and society; therefore, with divine permission, all religious people must follow the jurist's fatwa, even if that religious person is the Imam of the Islamic community. Permission to obey and follow is another expression of 'Wilayah'; meaning that those who are subject to obedience possess authority (Wilayah) over those who obey, in the sense that no one besides God Almighty possesses authority over others, or even inherently, over themselves. It is concluded that God Almighty has appointed those with Wilayah to their authority, whether the appointees are the Prophet (PBUH) or parents. By the consensus of Islamic jurists, for the administration of the Islamic society based on the text of the Prophet (PBUH), some individuals have been appointed to authority by name and personal characteristics, and others by title and attributes. Jurists have been appointed to authority for the administration of society, either directly or indirectly; therefore, the theory of 'Wilayat al-Faqih' is established by the consensus of the 'Islamic Ummah' and the agreement of all Islamic schools of thought.
Machine summary:
As the eminent Imami jurist Sheikh Muhammad Husayn Isfahani has stated: "إن إطاعتهم علیهم السّلام فی أوامرهم الشّرعیه إطاعه بالذات للآمر و اطلاعه بالعرض لمن جری علی لسانه أمره تعالی" (Marginalia of Kitab al-Makasib, 2/382) Of course, he uttered this sentence regarding obedience and submission to the Prophet and the Infallible Imams (peace be upon them); but in reality, this expression and these statements are an expression of a general rule whereby any individual or person is obeyed by virtue of divine permission.
: Usul al-'Amaliyya from the perspective of Sheikh Ansari and Imam Khomeini 256-266 and Kitab al-Furuq, 4/1409) Since the action of the mukallaf is among the actions whose legal ruling jurisprudence must declare God Almighty, in light of the explicit statements of the great scholars of the Islamic schools of thought, [declares that] following and obeying them is forbidden, because their obedience is not permitted by Sharia or authorized; however, compulsory following may occur.
Other than the Prophet(s) and those explicitly appointed by the Prophet(s), the holders of titles and attributes who possess authority over society and the people and to whom God Almighty has issued permission for obedience are, according to Izz al-Din ibn Abd al-Salam: scholars, Imams, judges, rulers, fathers, mothers, Sayyids, husbands, and those who accepted a contractual obligation.
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