عنوان مقاله [English]
نویسنده [English]چکیده [English]
The views and opinions of religious scholars on the nature of the Islamic system are different based on what basis they have recognized for the legitimacy of the government, what qualities and conditions are necessary for the Islamic ruler, and what conditions and qualifications he should have according to the Islamic Shariah. One of the most pervasive views emphasizes on being the jurist and mujtahid as one of the characteristics of the Islamic ruler; A view that is interpreted as "Velayat-e-Faqih".
From the study of the jurisprudential opinions of the elders and Sunni jurists such as; Ibn Khaldun Maliki, Mawardi Shafi'i, Qazi Abu Ala'i Hanbali, Mir Sayyid Sharif Jorjani Shafi'i, Azd al-Din Iejei Shafi'i, Ibn Qadameh Hanbali, Abdul Malik Joveni Shafi'i, Ghazali al-Ash'ari Shafi'i, Ibn Hazm and Ibn Taymiyyah Hanbali, we can see that the necessity of being a jurist and a mujtahid of the ruler of the Islamic government, is accepted and even unanimously (consensually) by Sunni scholars. It is noteworthy that when theorizing about this and some other issues of political jurisprudence, it is generally considered that these categories are purely Shiite, so Sunni theories about them are not taken into account, so the question may be raised whether the theory and model of Velayat-e-Faqih is specific to the Shiite world and Shiite jurisprudential views, or whether it has supporters among the Sunnis? Among the questions that this research addresses are included: what is the scientific and jurisprudential position of the Sunnis on this issue? What are the views and opinions among them about this? And on what basis are these views based?