In fact...

In fact, he is the one whose authority in this field is certain, whilst the authority of others is doubtful. The authority to solemnize or dissolute marriages in general, as agreed on unanimously by the scholars. An example is his authority to solemnize a marriage for someone who is not fit to make decisions due to insanity or similar things and who does not have a guardian.

Another example is his authority to dissolute a marriage in favour of a woman whose husband is missing despite investigation. The authority of the qualified jurist in these six areas is unanimously agreed upon. In fact, his authority in these situations is considered a necessary part of the Shi’a jurisprudence. The authority to implement punishments and reprimands: there is dispute about his authority in these matters in the period of occultation.

Sheikh a-Mufeed (al-Muqni’a:810), Sheikh al-Tusi (al-Nihaya: 732), Shahidul Awwal, Shahidul Thani (al-Lum’a and Sharhul Lum’a), al-Hurr al-Amili (Wasailul Shia, the chapters on the preliminaries to punishments, chapter 28) and most of the later scholars such as al-Fadhil al-Hindi in Kashful Litham (2:149) and al-Fadhil a-Miqdad in Tanqeehul Rai’ (1:579) are of the opinion that the qualified jurist does have authority here. In fact, it is related that this is the famous opinion.

Yes, there is apparent hesitancy in the words of al-Muhaqqiq al-Hilli in al-Sharai because he says: ‘it has been said that it is permissible for the jurists who are knowledgeable- of the legislative rules- to implement the punishments in the period of the occultation of the Imam (atfs)’ (Sharai’ul Islam). However, the author of al-Jawahir found this hesitancy strange and said: ‘the doubt of some scholars regarding this issue is strange.

It is as if he has not tasted anything of the taste of jurisprudence, nor understood anything from their words or symbols’ (Jawahirul Kalam, 21:397). This statement gives the impression that the authority of the jurist in these matters is a self evident fact in our jurisprudence. Authority in all matters established directly for the infallible Imam (as), including running the Muslim community and its assets.

The most important of these matters are the political affairs of the Muslims and the leadership of the Islamic government.