436 AH) He took charge of the affairs of Hajj and the two...
436 AH) He took charge of the affairs of Hajj and the two Sacred Mosques (in Mecca and Medina), as well as the leadership of the assembly of the Noble Descendents of the Prophet (P), and the position of supreme judge for a period of thirty years during the reign of Buveydis dynasty[^4].
The fact that Sayyid al-Muratdha and other scholars like him accepted these posts indicates that they believed in the guardianship of the jurist and that these posts were a way of gaining some of the rights from the tyrant rulers of their time. Abul Salah al-Halabi (d. 447 AH) He was the student of Sayyid al-Murtadha.
He said in his chapter on implementation of the rulings: ‘Implementing the rulings is the task of the brave, insightful, just jurist who is able to implement the rulings.’[^5] al-Muhaqqiq al-Hilli (d. 676 AH) He says at the end of his chapter on Khums: ‘the one who has the power to rule by the right of representation should take charge of using the portion of the Imam for the existing groups (who are eligible recipients of the Khums).’ [^6] .
Also, al-Shahidul Thani says in his book ‘al-Masalik’, in explanation of the above words of al-Hilli: ‘what is meant by this is that the just, Imami jurist who meets all the conditions has the authority to issue rulings (fatawa) because he is the representative of the Imam (as) and the one appointed by him’ [^7] . Muhaqqiq al-Hilli also said in the chapter on ‘Wills’ in the above-mentioned book: ‘if one has no trustee, then the ruler (i.e.
the jurist ruler) is the guardian over what he leaves behind’. Ibn Fahd al-Hilli (d. 841 AH) He was the student of al-Shahidul Awwal (Muhammad Ibn Makki, martyred in 786 AH). He was one of the most famous believers in the general guardianship of the jurist among the ancient scholars.
He said in his book ‘al-Lum’a al-Jaliyya fi Ma’rifatil Niyya’ in the chapter on enjoining good and forbidding evil: “(Enjoining good and forbidding evil have stages) the lowest of which is believing that obligatory acts are obligatory, and forbidden acts are forbidden.
The next stage is to express dislike (when a sin is committed), then to dissociate and turn away from the person committing the detestable act…one should not move from one stage to the next unless the lower stage does not have an effect. If one needs to move to the stage of legislative punishment and execution, this will be subject to the permission of the Imam (peace be upon him)…and the jurist as his representative.