The Meaning of Wilayat al-Faqih

The words “Wali” and “Wilayat” have the same root (w-l-y). From it’s primary meaning of “to be near or close to someone or something”, is derived the general meanings “to be in charge”, “to govern” and “to exercise authority”. In Islamic juristic (fiqh) terminology, the term “Wilayat” has several usages. Some of these are as follow:
1. Wilayat al-Qaraba
This type of authority (Wilayat) is given to a father or paternal grandfather over minors and those who are insane (even after the age of adolescence). This authority to act as a guardian is based on relationship.
2. Wilayat al-qada’
According to Imami Jurisprudence, the infallible Imam originally possessed the sole authority to judge amongst the people based upon God’s law and revelation. At this time, however, a just and capable faqih may undertake this responsibility with the Imam’s permission.
3. Wilayat al-Hakim
In this case, authority is given to a regular administrator of justice (hakim), to supervise the interests of a person who is unable to take care of his own affairs; such as a fool or an insane person. Whoever does not have a guardian (Wali), jurists say: al-hakim is the guardian of those who have no guardian.
4. Wilayat al-Mutlaqa (The Absolute Authority)
According to textual evidences, such as verse 6 of Chapter 33 of the Qur’an, Imami scholars believe that the Prophet and Imams have divine authority over the people. The verse states that the Prophet has more rights over the believers than they have over themselves; thus his discretionary authority is effective amongst the people. This same authority, according to Shi’a beliefs, is also bestowed upon the Imams.
5. Wilayat al-Usuba
According to Sunni jurists, this authority is connected to inheritance; it encompasses a class of inheritors. This category of Wilayat is not accepted by Imami scholars.
According to Imami doctrine, absolute authority (Wilayat al- Mutlaqa al-Elahiya) remains with the Absent Imam, even during his greater occultation. Therefore, in order to exercise authority, every just and capable faqih requires the sanction of the Imam, who is in turn designated by God as the possessor of absolute authority and guardianship.
Although all Imami scholars generally agree upon the doctrine of Vicegerency (Niyabat) that emphasizes the role of capable jurists as deputies of the Absent Imam, who are entrusted with a degree of his authority. However, the crucial issue is the scope and extent of this vicegerency and in which affairs the jurists have authority.
In order to clarify the dimensions of this discussion, it is necessary to examine the traditional roles and functions that qualified jurists undertake as deputies of the Imam.
Author: Ahmed Vaezy
Source: al-islam.org