Faculty Member, Imam Sadiq (as) University
There are two famous points of view in the case of determining of Vally-e faqih (supreme leader): the installation by the infallible Imam or selecting by the people. Most of the jurists have raised the view of the installation and the view of selecting has been raised by some jurisprudents.
In this article, we are trying to prove the third hypothesis, which is based on the general installation of the jurisprudent on the part of the Imam and the choice of the people, as well. This view point explains the divine-public legitimacy from the point of view of political jurisprudence, in such a way that the infallible Imam determine a fair jurisprudent by expressing the conditions of the authority of the ruler, without identifying a particular person, and then, second legitimization derived from the principle that god’s will is that people have sovereignty on their own destiny and oblige them to choose the fair jurisprudence among the jurisprudents who have the conditions of appointment by the infallible Imam and declare their consent to his rule and will assistance him to establish and fulfill his duties of the ruling.
Now, the fundamental question of this research is that how we can plus jurisprudential and documentary knowledge of the book with the rule of divine legitimacy and popular legitimacy? What are the reasons?By the method of analyzing the content of the book and the tradition and jurisprudential texts and using a Jihadi method, seek to prove the above hypothesis within the framework of the theory of Velayat-e faqih from the perspective of political jurisprudence.