God has appointed prophets to run humanity in spiritual as well as in social and political matters.

God has appointed prophets to run humanity in spiritual as well as in social and political matters. The last prophet appointed imams as legitimate holders of authority in religious as well as in political and social matters. Therefore, it is only logic to assume that in an era of occultation, the present Imam appointed his deputies to order in matters religious as well as political and social.

The doctrine of “guidance of the jurisprudent”( wilayat-e-faqih) forms the central axis of contemporary Shia political thought, advocating a guardianship based political system, which relies upon a just and capable jurist to assume the leadership of the government in the absence of an infallible Imam.

Today, in a time of the Hidden Imam, the guidance of the jurisprudent is the authority designated to learned jurist so that they may direct and advise the Muslim community in the absence of an infallible Imam. This authority derives from the Imam; therefore, the believers have the religious duty to obey their commands as the only legitimate authority. The concept of leadership encompasses many degrees of authority, summing up to the total scope of the scholar’s vice regency in the absence of an infallible Imam.

Some erroneously assume that it is something new and in essence distinguishable from the traditional status of marjayat. This misunderstanding is caused by a lack of attention to the definitions of and the relationship between ‘wilayat’ and ‘marjayat’ and the distinction between ‘fatwa’ and ‘hukm’ (the commands of faqih as wali, leader).

This misunderstanding comes from the wrong conception that the role of a marja’a taqlid is solely a juridical authority to whom the Muslim community may refer to in the case of religious questions and commandments concerning the practical and personal side of Islam. However, this definition is not comprehensives as it concentrates itself exclusively on one of the legitimized functions of a jurist, while overlooking the others. He is an expert in Islamic Law, a guide and proof of God’s existence, a model to follow and a leader as the deputy of the imam. He is wali (leader) when he acts as a leader of someone and a marja’a taqlid when he is referred to in religious matters.

Wilayat al-faqih refers to the all-comprehensive authority of the jurist (faqih) in the absence of the twelfth Imam. “Wilayat al-faqih” may include functions like wilayat al-nizam (the authority to manage public order), wilayat al-qada (the authority to administer justice), wilayat al-siyasa (the authority to administer a government and hold political office and wilayat al-tasarruf (authority for the jurist to act in a way that he judges to be the best in the interest of the community). A corollary to the wilayat al-faqih may include the duty to declare a jihad. It is to be noted that not all mujtahids accept the concept of the all-embracing and comprehensive view of wilayat al-faqih.

Marja al-taqlid refers to the role of a mujtahid who is competent to derive juridical rulings from the Quran and hadith literature and is able to arrive at solutions that are not explicitly stated in the sources, by having recourse to the principles as stated in usul al-fiqh. Such a mujtahid is qualified to issue juridical verdicts (or fatwa) and is a source of reference for followers, who pursue him by doing his taqlid (which literally means to imitate his acts).

Thus, it is possible for a person to be a marja al-taqlid without occupying the position of wilayat al-faqih. In addition, the other way around in also accepted, since in the Iranian constitution the leader is not obligatory a marja, and can be a simple mujtahid having leadership and managerial abilities.
Wilayat is a part of marjayat in the culture of the Shia.

The great marjas not only guided people with respect to the divine Law, but they also led people in the particular problems of society, for example when judging between people in particular matters and domestic disputes. The reason that the jurisprudent is an authority in matters of the law is because of his specialization in jurisprudence and his power to derive the rules of God from their sources. The reason aside from the above-mentioned qualities, for a jurisprudent to become a leader depends on his ability to manage society according to the principles and values of Islam.

It is because of this that it becomes possible for a person to be chosen as a leader due not so much to his aptitude in jurisprudence as much as to his better management skills. The separation of the offices of the marja and the leader becomes a reasonable, and in some instances, a necessary expedient. In principle, leadership is confined to a single person, whereas the marjayat is applicable to numerous individuals, just as does the possibility that the two offices to be combined in a single individual.

Since following the orders of the leader is obligatory upon all people, including other jurisprudents, and it is forbidden to disobey his orders, hence it is not possible for people to follow other than the leader in matters related to the social order and the running of society.

What was said above regarding the authority of the jurisprudent was in reference to the individual order and to matters of a personal nature; it is in these matters that people can follow other than the leader.

When the jurisprudent refers to the religious sources in order to obtain the general rule of God regarding a certain problem and uses the special techniques that exist for obtaining the rules of the Law, it is called giving an edict or “fatwa”. When the leader pays attention to the general rules of God, the various systems in Islam, and the conditions of the time, and according to these delineates a person’s or a specific group’s responsibility with regards to a certain matter, this is called giving an order or a “hukm”.

In doing this, he not only pays attention to the general rules of Islam and the lofty aspirations of the religion, but also to the specific conditions that exist in that time. The rules of God and the edicts of the jurisprudent who has all the necessary qualifications are mandatory, just like the rulings of the leader, but with this difference that the jurisprudents rulings are mandatory to him and his followers only, while everyone must follow the orders of the leader.

According to the logic of the “leadership of the jurisprudent” and its proofs, the jurisprudent takes upon himself the management of society and in accordance with the values of Islam, he takes on the responsibility of leadership. Nevertheless, marjayat means simply to issue an edict and is a completely different matter. The reason that the jurisprudent is an authority in matters of the law is because of his specialization in jurisprudence and his power to derive the rules of God from their sources. On the other hand, the reason that a leader is what he is is because aside from the aforementioned qualities, he has the ability to manage society according to the principles and values of Islam.

It is because of this that it becomes possible for a person to be chosen as a leader due not so much to his aptitude in jurisprudence as much as to his better management skills. It is possible that there be numerous specialists in society. Moreover, this is something that is to be sought after, so that everyone can refer to them with ease and obtain their rulings.

A multiplicity of centers of decision-making would cause disturbance so, it is imperative for the Shia that the leader to be one. It is not however necessary that various jurisprudents issue one edict in order that society remains undisturbed. Leadership is confined to a single person, whereas the marjayat is applicable to numerous individuals.

That the office of Wali-e faqih and the Marja do not have to be one and the same according to the Iranian Islamic Republic, Constitution as I mentioned above. It could be or it could be not. It depends on the person who assumes that position. When it is one and the same, he should be considered a marja when issuing a fatwa and a wali when issuing orders in political as social matters.