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Shiavault - a Vault of Shia Islamic Books A Short Treatise on The Guardianship of the Jurist The Role of the Jurist in Different Areas of Jurisprudence In this chapter we will conduct a quick survey in different areas of jurisprudence. As you will see, the survey shows: The necessity of the existence of a legislative ruler (al-Hakim al-Shar’) in order to implement the divine laws, and that: 2) Governance is part of the system of Islamic jurisprudence.

1.Prayer a- Congregational prayers: Islam has emphasised on congregational prayers even in the battle lines, in which case it is called the prayer of fear or prayer of pursuit. [^1] b- Prayer for the deceased: it is narrated from Abu Abdullah (as): “if the Imam is present at the burial of the corpse then he is the most worthy to pray over it” [^2] .

It is also narrated from the Commander of the Faithful (as): “if a ruler from among the rulers of Allah is present at the burial of the corpse then he is more worthy of praying over it” [^3] . The meaning of ‘ruler’ and ‘Imam’ in these and similar narrations is more general than the infallible Imam (as) and the just jurist, as will come later.

This is why Sheikh al-Tusi says in ‘al-Mabsoot’: ‘if the just Imam attends he would be more worthy of leading and it would be obligatory upon the guardian (of the deceased) to ask him to go forward to lead’[^4] . Therefore, the specification of the word ‘Imam’ to the infallible Imam by the author of al-Jawahir is out of place. c- Burying the deceased Muslim who has no guardian, trustee or heir is the obligation of the legislative ruler.

d- Friday prayer: the one who should take up its establishment is the leader of the community or his representative.

Al-Fadhl ibn Shathan narrated from al-Ridha (as): “if it is said: ‘why was the sermon put in place?’ It would be said: ‘the congregational prayer is a general gathering and so He wanted to make a way for the leader to advise the people and to encourage them towards obedience and frighten them from disobedience, and to help them towards that which is beneficial for their worldly and religious affairs, and to inform of all the harmful or beneficial events that are taking place across the globe.” [^5] e- The Eid Prayers: it is narrated in the authenticated narration of Suma’a from Abu Abdullah (as): “there is no prayer on the day of Eid except with the Imam” [^6] ..

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