Velayat-e Faqih (the Guardianship of the Islamic Jurist) constitutes the most pivotal and fundamental institution of the Islamic Republic of Iran, playing a decisive role in the direct and indirect exercise of political power as enshrined in the Constitution. Consequently, analyzing the position of the Vali-ye Faqih (the Supreme Leader/Guardian Jurist) within the constitutional framework of the Islamic Republic of Iran is a fundamental issue, deeply interconnected with global and national governance models and the principles of state legality. Continuous scholarly efforts are essential to ensure that the conceptual understanding of Velayat-e Faqih remains strictly aligned with both constitutional and statutory law in all state affairs. As a political entity, the Muslim community, similar to other human societies, necessitates a legal basis for authority. In Islamic jurisprudence, the authority of an individual over others is derived from the Divine Legislator (al-Shari’). During the era of Prophethood, this authority was vested in the Prophet (PBUH); during the era of the Imamate, in his successors (Awsiya); and during the era of the Occultation (Ghaybah), the qualified jurist (Faqih Jame-ol-Sharayet) is imbued with the Declaratory Ruling (Hukm al-Wad’i) of Guardianship. This mechanism prevents the executive, legislative, and judicial functions of Islam from becoming vacuumed or, more critically, falling under the control of unqualified or corrupt individuals. The ruling of Velayat-e Faqih remains one of the most significant jurisprudential discourses, with its evidentiary basis rooted in Shia theological doctrines. While Shia jurists reach a consensus (Ijma) regarding the collective obligation (Wajib Kifa’i) of judicial adjudication by a qualified jurist during the Occultation, there remain conflicting views concerning whether the status of "Guardian" constitutes a formal Declaratory Ruling (Hukm al-Wad’i). The sovereignty and governance of the jurist emanate from the Divine Legislative Sovereignty of God and serve as the conduit for the enforcement of divine laws. The basis of popular legitimacy implies that the will of the Muslim people must encompass the acceptance of divine legislative authority and religious laws, as Velayat-e Faqih is a Sharia-based Declaratory Ruling recognized through the social contract of the Muslim community. Through a systematic review of the fatwas of eminent Shia jurists and existing archival/library resources, this article seeks to establish the Declaratory Ruling of the qualified jurist's guardianship during the Occultation based on Ijtihadi proofs. Furthermore, it examines the correlation between this status and the Prescriptive Ruling (Hukm al-Taklifi) regarding the obligation to propagate and implement divine commandments.
Esmailtabar,A . (2025). Re-examining the Necessity of the Sovereignty of the Islamic Jurist (Velayat-e Faqih). The Quarterly Journal of Judicial Law Views, 30(111), 1-21. doi: 10.22034/jlvi.2025.2021528.1128
MLA
Esmailtabar,A . "Re-examining the Necessity of the Sovereignty of the Islamic Jurist (Velayat-e Faqih)", The Quarterly Journal of Judicial Law Views, 30, 111, 2025, 1-21. doi: 10.22034/jlvi.2025.2021528.1128
HARVARD
Esmailtabar A. (2025). 'Re-examining the Necessity of the Sovereignty of the Islamic Jurist (Velayat-e Faqih)', The Quarterly Journal of Judicial Law Views, 30(111), pp. 1-21. doi: 10.22034/jlvi.2025.2021528.1128
CHICAGO
A Esmailtabar, "Re-examining the Necessity of the Sovereignty of the Islamic Jurist (Velayat-e Faqih)," The Quarterly Journal of Judicial Law Views, 30 111 (2025): 1-21, doi: 10.22034/jlvi.2025.2021528.1128
VANCOUVER
Esmailtabar A. Re-examining the Necessity of the Sovereignty of the Islamic Jurist (Velayat-e Faqih). Judicial Law Views. 2025;30(111):1-21 (In Persian). doi: 10.22034/jlvi.2025.2021528.1128