Contending Discourses in Shiᶜi Law on the Doctrine of Wilāyat al-Faqīh

Abstract

The concept known in Shiᶜite jurisprudence as wilāYat al-faqīh has been interpreted in various and contending ways over the course of time. In order for us to examine these differences, we need to establish a few points. First, although the Qurᵓanic revelation bears principally on issues of morality and piety, early Muslims deemed it essential to relate these issues to practical matters in the exercise of authority. Second, rulership in the Islamic community (ummah) was a prerogative of the Prophet, whose mode of governance was to blend the approximately six hundred verses of the scripture that dealt with social affairs with the customary law (ᶜurf) of Western Arabia. After the Prophet's death, it was necessary to add to this mix a third ingredient, namely, the interpretation, by those knowledgable in the law, of how the Prophet would have met unanticipated contingencies.