Document Type : Original Article
Author
Assistant Professor, Department of Islamic Jurisprudence and Law, Faculty of Theology, Yazd University, Yazd, Iran
Abstract
Wilāyat Faqīh (Guardianship of the Islamic Jurist), as one of the most fundamental pillars of Imāmīyah political jurisprudence (fiqh), plays a pivotal role in elucidating the legitimacy and efficacy of the system of the Islamic Republic of Iran. A significant portion of the research conducted in this domain has been directed toward examining the theoretical foundations, jurisprudential evidence, and the limits and authorities of the Walī Faqīh (Guardian Jurist), and has paid less attention to the relationship between this theory and the executive behavior of governmental officials. This is while the objective realization of Wilāyat Faqīh in the arena of governance is not possible merely through its theoretical acceptance, but rather requires the practical adherence and sharʿī (religious/legal) commitment of functionaries and executive managers to the exigencies of this guardianship (wilāyah) in the processes of decision-making, policymaking, and execution. Hence, the main problem of the present research is elucidating the jurisprudential status of the "practical adherence of executive officials to Wilāyat Faqīh" within the framework of Islamic governance, and examining the manner of this adherence becoming objective
in managerial conduct. The pivotal issue of this research is that in Shiʿa political jurisprudence, what is the nature of the relationship of the Walī Faqīh with executive officials, and what jurisprudential status does their practical adherence to Wilāyat Faqīh possess? Furthermore, the question arises whether one can identify and analyze an objective exemplar of the realization of this adherence within the executive structure of the Islamic Republic of Iran? The current research, by focusing on the managerial and political conduct of Ayatollah Raisi, endeavors to cover this research gap and demonstrate that the theory of Wilāyat Faqīh, in the event of a profound jurisprudential comprehension on the part of managers, possesses the capability of complete realization in the field of action. The principal objective of the research is the jurisprudential elucidation of the status of the practical adherence of executive officials to Wilāyat Faqīh and extracting an objective model of the interaction between the leadership and executive managers within the framework of Islamic governance. The subsidiary objectives of the research include examining the jurisprudential foundations of the legitimacy of executive officials in the Age of Occultation (Ghaybah), analyzing the relationship of Wilāyat Faqīh with the three branches of power—particularly the executive branch—and a comparative evaluation of the conduct of Martyr Raisi with the foundations of Imāmīyah political jurisprudence. This research seeks to demonstrate that practical adherence to Wilāyat Faqīh not only has no contradiction with managerial initiative and efficacy, but rather can play a role as a factor of cohesion, legitimacy, and the effectiveness of Islamic governance. The research method in this study is descriptive-analytical with an approach based on political jurisprudence. The research data have been collected through library study and the analysis of authoritative jurisprudential (fiqhī), principles of jurisprudence (uṣūlī), and constitutional law resources. The works of prominent jurists (fuqahāʾ) such as Shaykh Mufīd, Muḥaqqiq Narāqī, Muḥaqqiq Karakī, Imam Khomeini, Martyr Sadr, and Ayatollah Javadi Amoli have been utilized as the theoretical underpinning of the research. Also, to examine the objective and applied dimension of the subject, the "case study" method has been utilized, and the managerial and political conduct of Ayatollah Raisi during his periods of holding macro-level responsibilities, particularly the head of the Judiciary and the presidency, has been analyzed. In this section, his executive behavior, political stances, macro-policymaking, and manner of interaction with the Supreme Leader have been adapted and compared with the jurisprudential foundations of Wilāyat Faqīh. The findings of the research indicate that in Shiʿa political jurisprudence, the legitimacy of all governmental positions and institutions during the Age of Occultation returns to the appointment or endorsement (tanfīdh) of the Walī Faqīh, and executive officials, from a sharʿī perspective, are obligated to obey wilāyī rulings and policies. This obedience is not merely a legal or political obligation, but rather possesses a jurisprudential and devotional (taʿabbudī) nature, and violating it causes a flaw in the legitimacy of executive decisions. The optimal model
of interaction between the Walī Faqīh and executive managers is neither absolute centralization nor disconnected independence, but rather "delegation in execution within the framework of guardianship (wilāyah)"; a model in which the leadership undertakes the guidance and determination of macro-policies, and the executive managers are responsible for the practical realization of these policies with initiative, prudence, and accountability. The analysis of the conduct of Ayatollah Raisi demonstrates that he had propagated adherence to Wilāyat Faqīh not as a political slogan, but as a fundamental jurisprudential belief throughout his managerial performance. Commitment to the promulgated macro-policies of the Supreme Leader of the Revolution, attention to the principle of "endorsement guardianship" (wilāyah tanfīdhīyah) in the legitimacy of the presidency, the alignment of executive programs with the Declaration of the Second Phase of the Revolution, and the emphasis on sharʿī obedience to the Walī Faqīh when confronting the macro-issues of the country are considered among the most important manifestations of this practical adherence. The conduct of Martyr Raisi is an objective exemplar of the possibility of realizing Imāmīyah governmental jurisprudence within the executive structure of the Islamic Republic, and it can be utilized as a valid model for the managers of the Islamic system at the level of Islamic governance. In sum, this research demonstrates that the profound connection among jurisprudence, guardianship, and executive management not only fortifies the religious legitimacy of the system but also lays the groundwork for an increase in the efficacy, cohesion, and social acceptability of Islamic governance.
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