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        1 - Theological foundations for the theory of guardianship of the jurist
         
        According to the theological arguments, guardianship and authority in its origin belongs to Allah SWT. He is the creator, the Lord, the Guardian of the whole existence. Therefor authority or guardianship of anyone else is illicit, unless the one that is permitted by Him More
        According to the theological arguments, guardianship and authority in its origin belongs to Allah SWT. He is the creator, the Lord, the Guardian of the whole existence. Therefor authority or guardianship of anyone else is illicit, unless the one that is permitted by Him. Having authority over others without His permission is regarded to be unacceptable, false, oppression and transgressing other people’s rights. This guardianship of Allah SWT is manifested as a divine Grace by sending of the prophets and is maintained by the infallible Imams. Since divine Grace is one of the attributes of Allah SWT and His attributes are not subject to alteration, this wise Grace is to be constant at the time of occultation as well. Here the necessity of the guardianship of the jurists as the closest people to the attributes of the infallible Imams and the most trustworthy one’s to handle the tempting position of leadership, in order to protect and continue the course of Imamate and guidance, is comprehended. This also seems to be a necessary Grace from Allah SWT. Manuscript profile
      • Open Access Article

        2 - OmoureHasbieh in beliet geometiy of shia jurisprudence
        Javad   Panjehpour siyamak baharloei
        The subject of public welfare and public works are important issues among Muslim philosophers such as Shi'a and Sunni. On the one hand, this issue, similar to some other issues in governmental jurisprudence, has partly been influenced by verbal differences between Sunni More
        The subject of public welfare and public works are important issues among Muslim philosophers such as Shi'a and Sunni. On the one hand, this issue, similar to some other issues in governmental jurisprudence, has partly been influenced by verbal differences between Sunnis and Shi'as. Accordingly, the Sunni people had paid more attention to the public aspect of public affairs due to the acceptance of caliphate sovereignty, but Shiite jurisprudents had often considered most non-governmental aspects of public affairs. The proper unity and appropriate consensus between the jurists (in their foundations and approaches to the public welfare and public works) in the expansion and limitation of the extent of the implementation of these divine commandments are not observed (although there is a consensus in the sense of affairs). This discrepancy indicates that each of them has different foundations and approaches compared to public welfare. According to the above descriptions, there are two theories and views on the excerpts of the public works. The first view is that the domain of this institution is limited to the guardianship of the estate of the orphans, insane people, and bankrupt orphans. The second view does not limit the scope of public works to specific issues and has a wider perspective than the first view, which also includes social, economic, political, and cultural issues. Even though the public works are one of the vague issues in legal affairs, legislators have not considered a comprehensive definition of it and have not provided an effective criterion for identifying it. Therefore, the main objective of this research is the comparative study of public works for the jurisprudence of Shia and Sunni jurisprudence' views by the codified statue. Also, the findings of this research show that the scope of public works in the Sunni jurisprudence is limited to the issue of Enjoining good and forbidding wrong, but for the Shiite jurisprudents, it covers everything that leads to the disorder in a social system and the fault in society. Thus, the concept of public works is beyond enjoining good and forbidding wrong. Manuscript profile
      • Open Access Article

        3 - Requirements for the companionship of "wisdom" and "book" in the Qur'an in the matter of proving Velayat-e-Faqih
        Ghazaleh Rezaei Mahdi imanimoghadam
        Velayat, meaning the rule of the jurisprudent, is considered in jurisprudence and in theology in a narrative and rational way. The main issue of the present article is the Qur'anic citations of the rational reasons for the legitimacy of Velayat-e-Faqih by examining the More
        Velayat, meaning the rule of the jurisprudent, is considered in jurisprudence and in theology in a narrative and rational way. The main issue of the present article is the Qur'anic citations of the rational reasons for the legitimacy of Velayat-e-Faqih by examining the application of "wisdom" and its application to the issue of Velayat. In the Qur'an, companion book and wisdom means the Qur'an and the guardianship of Ali ibn Abi Talib (as). This wisdom is received by the prophets through revelation and the ummah of the Prophet of Islam (peace and blessings of Allaah be upon him) through reason and narration. Therefore, the authority of reason for the legitimacy of the province continues after the infallible. On the other hand, wisdom meaning guardianship cannot be any kind of wisdom and guardianship due to its association with the book meaning the Qur'an. Because the Qur'an forbids guardianship against God and the divinity of God. Therefore, it is possible to deduce from the companionship of "wisdom" and "book" in the Qur'an, the authority of guardianship even during the absence of the Infallible Imam and for the guardianship of the Supreme Leader. Manuscript profile