چکیده:
Velayat-i-Faqih (Governance of the Jurist) is the main axis of Shiite political jurisprudence. It is normal to see lack of consensus over some aspects and details of this theory among jurists. Surveying the history of this problem and the course of its developments as well as knowing the pivotal ideas about it would play an important role in order to obtain a deep understanding of its contents. One of the turning points of the developments of this problem in seminary schools is the appearance of the subject of Velayat-e-Faqih in Sheikh Ansari’s book, Makasib. Considering that the theories of Sheikh Ansari (RA) and especially his book Makaseb are still one of the pillars of contemporary Shiite fundamental and jurisprudential thought, naturally his views and his method of discussion will have a great impact on the understanding of contemporary jurists of this theory. He did not formulate this discussion in the way like those jurists who discuss it under the title of "Jurisprudence of the state" or the "rules of the sultanate", rather, he chooses a special format and literature for this problem. This article seeks to prove the idea that the vague literature and unusual classification applied by Sheikh Ansari to deal this problem has caused a wide disagreement about his understanding of it. In addition, the acceptance of this category and framework for dealing this issue has caused a kind of confusion, simplicity and disorder in the presentation of political jurisprudence in the seminaries.
خلاصه ماشینی:
In this article, an attempt is made to identify and root the causes of disagreements in these discussions through a comparative study of the opinions of the commentators of Al-Makasib, and to investigate the impact of Sheikh Ansari's discussions on the specific understanding of some great figures of jurisprudence and principles regarding Wilayat al-Faqih.
However, this brief expression regarding the position of government and its fundamental rulings has had ambiguous, complex, and controversial literature and has not been presented within an acceptable framework; for example, great figures such as Imam Khomeini and the author of Al-Jawahir consider Wilayat al-Faqih to be among the self-evident principles of jurisprudence, and many greats, including Muhaqqiq al-Karaki and Naraqi, have considered it a matter of consensus.
" In the Shia atmosphere, on one hand, due to the specific Shia theological basis in this regard and the assignment of government to the Infallible Imam( , and the expectation of the imminent appearance of the Imam of the Age(, and on the other hand, due to the minority status of Twelver Shiites and the lack of a specific territory for Shiism and the design of a Shia government for it, for several centuries, political jurisprudence discussions were never raised extensively or in detail, and naturally, no specific independent work or specific jurisprudential chapter was written on it; rather, among general governmental issues, the general deputyship of the jurists (niyabat al-ammah al-fuqaha) on behalf of the Imam of the Age( was presented in a brief and suggestive manner as a famous or even a matter of consensus.
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