The Wilayat, authority, of the Faqih

The main part of the subject, the Wilayat of the Faqih, will be discussed on the basis of the following sources of authority, conditions and facts
In the lights of Ahadith that prove the validity and the authority of Wilayat of the faqih.
The qualifications required for this kind of Wilayat
Its scope and limits of the authority of a Faqih.
1. The evidence that establish the Wilayat, authority, of the Faqih
Some Of The Textual Evidence
Undoubtedly, the Islamic system has established al

l the necessary rules and guidelines for all of human activities, whether inner and intellectual or outer and physical. The basis for this, in a general expression, is the popular Hadith: “God has a commandment for every eventuality, applicable both to those who know and those who do not know, even the amount of restitution for a scratch.”
And the Prophet (a.s) is reported to have said in one of his sermons: “O people, there is nothing that brings you closer to Paradise and moves you further from Hell that I have not told you to do. And there is nothing that brings you closer to Hell and takes you further from Paradise that I have not forbidden you to do.”
Muslims do not dispute the fact that the Islamic system is a comprehensive and all-encompassing religion. The sources in the Islamic system are more than enough to substantiate this belief. It is also a fact of life that human communities, big or small, stand in need of a government or a ruling authority, whether elected or nominated. In all the cases involved, the State is a fact of social existence. To believe that such a need has not existed in the period between the occultation of the Twelfth Imam (a.s) up to the present, nor will exist until the time when he is to reappear, is unacceptable. It also is not acceptable to say that the Islamic system has not established any guidelines or commandments to deal with these issues. Is it conceivable to say that when it has considered everything else and judged it to be either lawful or unlawful, halal or haram, right or wrong except the system of government? In other words, how are we to accept the idea that Islam has given instructions and rules dealing with the smallest of the activities and eventualities, but has ignored an aspect of such great significance as the formation of government for the community.
It is especially so because this vital aspect influences many other smaller and less significant eventualities. Is it not the State that determines the ultimate ideological, moral and practical course of a nation? Is it not the State that may lead, if not properly run, towards deviation and misery? Is it not the State that either brings the righteous into power, expels the unjust and the wicked, or may do the opposite if not properly run? Is it not the State that can either be a means of materializing the aims and ideals of the prophets to implement the Islamic system in real practical life? Can it not, on the contrary, be the means of frustrating such a system?
It is undoubtedly the State that can either enforce all the laws of the system such as judicial and moral discipline to cleanse the society of obscenities and indignities. It may also become the vehicle of propagation of corruption, to suspend the administration of a genuine and Godly government. It is the State that may become the most important means of practicing the Islamic duty of al-Amr bil-ma’ruf wa al-nahy ‘an al-munkar (enjoining good and forbidding evil) and enforcing the Divine laws or the greatest obstacle in the path to such ideals. To sum up, what factors other than the State can one think of with greater influence, whether negative or positive, on the course of human life including the State authorities as well as the people subject to their rule?
The comprehensive analysis of all the major and minor matters of the Islamic system of legislation and its vast ranges strike even the learned with wonder. The meticulous consideration in this system to the multifarious aspects of life flabbergasts anyone with even a perfunctory knowledge of Islamic teachings. Some examples of such cases are rules in the case of a scratch caused to one’s skin by perpetrator.
The first rule is a prohibition on its infliction to anyone and the second rule specifies the compensation due to the victim. In the Islamic jurisprudence entire chapters are devoted to such minor matters as i’tikaf, (a form of worship in the mosque for three successive days) Nadhr(vows), Yamin (swearing) and ‘ahd, (promise) luqatah (articles or things found), and the like. If one were to gather the fragments of teachings about the proper manners of going to the rest room, they would fill a large volume. Given this scrupulous and meticulous attention to all matters of life, would it be consistent that Islam would say nothing about how Muslims should conduct their political affairs during the occultation of the Twelfth Imam (a.s)?
If this were true, it would mean that Islam has either left its followers to live in anarchy or has permitted them to obey the tyrants of the age. It is clear, however, that this, by no means, is the case, because we read the following statements in the Holy Quran:
“Thus, be pious before God and obey me and do not obey the command of the prodigal, who spread destruction in the land (26:150-153)
Neither obey thou every mean swearer. (68: 10)
Therefore, obey not those who deny (the truth of Islam). (68:8)
. . .As for those who disbelieve, their patrons are the tyrants (al-taghut) … (2:257)
…. And he who reject the tyrants (al-taghut) and believe in Allah have grasped a firm handhold (2:256)
Imam Ali (a.s), in the forty-seventh epistle of the Nahj al-Balaghah says:
“It is your duty to be pious before God and manage your affairs in an orderly manner.”
It is thus obvious that Islamic system has not neglected its followers in the matters of the establishment of government organized on the basis of law. The nature of this government, its objectives, the qualifications of the head of such g7overnment, and finances are questions that will be discussed later.
(b) Independent Judgement of Reason
Independent judgement of reason and the opinions of the people of wisdom, throughout the history of civilization, have always acknowledged the necessity for the existence of an authority and ruler for the society. In fact, it would be difficult to find any group, nation, society or sect that does not have a guide and leader. The concept of civilized life, to which human nature is inclined, is inconsistent with the absence of a governing authority. In the absence of law and order human beings must live a lawless and barbarian life style, at times looting and killing one another without any impediment, as was their life style in prehistoric times.

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