چکیده:
Jurists have outlined conditions, branches, and rulings for jihad and have engaged in discussions regarding them, including the role and position of the Wali al-Faqih and his permission in jihad, encompassing both offensive jihad and defensive jihad. Since this discussion is a branch derived from the condition of the presence and direct action of the Infallible or his special deputy in jihad, this article examines four possibilities regarding this condition. It is preferred that in both types of jihad, the condition of the presence and action of the Infallible, as well as the permission and action of the Wali al-Faqih, is a condition for the existence and realization of jihad, rather than a condition of its legitimacy or obligation. Therefore, the condition of the presence of the Infallible is neither a condition of the legitimacy of jihad—which would make the action of the Wali al-Faqih during the Occultation illegitimate—nor a condition of its obligation—which would make the action of the Wali al-Faqih permissible but not mandatory; rather, the obligation of jihad is absolute in relation to this condition, and this condition is merely a condition of existence. This means that the realization of the concept of jihad is impossible without the presence and action of the Wali al-Faqih. This possibility is consistent with the generalities and implications of the evidences for the obligation of jihad, and the expressions found in the traditions are justifiable and interpretable in its light, just as it is compatible with the general concept of Wilayat al-Faqih.
خلاصه ماشینی:
'Shahid al-Thani' in 'Rawdah' and 'Masalik', after considering the presence of a just Imam or his special deputy as the condition for Jihad, says: 'For the general deputy, such as the jurist during the time of occultation, undertaking offensive Jihad is not permissible' (Shahid al-Thani, 1412 AH, Vol. 1, p.
Second Possibility: An exclusive condition for obligation and not for legitimacy It is understood from the words of some jurists that the presence and action of the Infallible Imam or his special deputy is a condition for the obligation of offensive Jihad and not a condition for its legitimacy; meaning that offensive Jihad becomes obligatory with this condition, and without the fulfillment of this condition, its obligation is lifted, but not its legitimacy.
Third Possibility: A Non-Exclusive Condition for Obligation From the words of some jurists, especially contemporary jurists, it can be understood that if the other conditions are met, the presence of the Infallible Imam or his special deputy is a condition for the obligation of offensive Jihad, but it is not an exclusive condition; rather, the permission of the Wali al-Faqih and his action toward Jihad also becomes a cause for the obligation of Jihad.
Considering what has passed in the first and second points, it is clear that the presence of the Infallible Imam7 and his permission, or that of his special or general deputy, is neither a condition for the legitimacy of defensive Jihad nor a condition for its obligation.
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