چکیده:
One of the most important theories of Shiʿa political jurisprudence – which stand in line with each other – is the concept of al-Wilāyat al-Faqih (Guardianship of the Muslim Jurist). According to the theory of ‘Discretionary Sphere of the Law’, an Islamic ruler has the right to independently legislate and determine obligations and prohibitions which, in addition to their legal status, should be obeyed like divine commandments. Therefore, this right is not exclusive to infallible Imams, but also applicable to a fully qualified religious ruler in the absence of an infallible Imam during the Occultation Period. According to the theory of ‘Absolute Guardianship of a Muslim Jurist’, in the absence of an infallible Imam, a just Muslim jurist capable of establishing a government will have governmental authority equal to that of the Prophet and the Imams who successfully established governments. The joining point and the most important aspect of commonality between these two theories is the right to govern and the legitimacy of the Guardianship of the Muslim Jurist in the Occultation Period, with the most significant difference being the extent of their authorities. As far as the ‘Discretionary Sphere of Law’ is concerned, the ruler does not have the right to deviate from religious duties and legal obligations. However, in accordance to the theory of the “Absolute Guardianship of the Muslim Jurist”, the ruler, if deemed necessary, even has the right to temporarily suspend religious duties and violate laws in the interest of the Islamic system; for the Islamic government is regarded to be based on the primary ordinances of Islam.
خلاصه ماشینی:
According to Shahid Sadr's theory of the Void Area, the Islamic ruler has the right to independently engage in legislation and determine do's and don'ts that, in addition to their legal status, are mandatory to obey like the commands of God. Therefore, this right is not only for the Infallible, but during the era of the Infallible's occultation, it also exists for the Islamic ruler who meets all the necessary conditions.
Keywords Void Area, Wali al-Amr, Shahid Sadr, Absolute Guardianship of the Jurist, Wali al-Faqih, Imam Khomeini * Assistant Professor of the Law Department at Ayatollah Al-Uzma Borujerdi University: m.
The importance of the present research lies in the fact that both theories have paid attention to the matter that Islamic Sharia, due to its comprehensiveness, has not left people to themselves in any era; therefore, it has given this authority to the rulers and jurists of the Islamic society to derive rulings for newly emerging issues based on the requirements of time and place.
Perhaps Shahid Sadr's view can be interpreted in this way: since this area leaves the hand of the Islamic government open for legislation suitable for different conditions, various times, and diverse places, therefore the Wali al-Amr or the Islamic ruler, based on the situation and in line with Islamic objectives and the observance of justice, can make a law mandatory or prohibited.
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