This precedence is mentioned in the Holy Qur’an...

This precedence is mentioned in the Holy Qur’an: “The Prophet has precedence over the believers with regards to themselves…”.(33:6). The meaning of guardianship here is the authority to act and manage the affairs for the benefit of the Muslim community. The Difference between Guardianship and Representation (or power of attorney) (al-Wilaya versus al Wikala) a- Guardianship is a right bestowed by Allah while representation is a right given by the one who is being represented.

b- Unlike guardianship, representation can be widened or narrowed according to the desire of the one giving representation. c- Representation becomes void at the death of the one being represented, whereas guardianship becomes void in the absence of the conditions (of a guardian).

3)The Meaning of Jurist What is meant by ‘jurist’ here is one who is a ‘Mujtahid’ (one with the power of deducing Islamic laws) and who possesses the eight conditions which will be mentioned in the fifth chapter of this treatise. 4)The Points of Dispute about the Guardianship of the Jurist Firstly : does the jurist have any guardianship? Secondly : is the guardianship of the jurist general or limited?

In order to clarify the meaning of general or limited guardianship of the jurist, one must first explain the possible positions a qualified jurist (i.e. one who meets the conditions) may take, and which may be his task and which he would have authority over. These are many, and here we discuss the most important ones among them: The authority to give legislative rulings (fatawa) in non-fundamental issues and deductive issues, which the ordinary person must follow.

The authority to judge in litigation. The authority over orphans, the insane and the foolish in the absence of a father, grandfather or trustee. The authority over the wealth of those who are absent, such as the one who is absent due to travel, imprisonment or unknown whereabouts. In this situation, it is permissible for the jurist to rule regarding him in the presence of sufficient evidence and to sell his wealth and pay off his debts while he is absent.

The authority to use the wealth of the Imam (as) – which is made up of half of the Khums- as well as a wealth whose owner is unknown and a wealth which has no heir. Because it is necessary to rule regarding this wealth and to use it in its correct usage, someone must perform this task and there is no one more appropriate to do this than the qualified jurist.