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Shiavault - a Vault of Shia Islamic Books On the Shore of Contemplation, Volume 1 The Authority of the Jurist (Faqih): Absolute or Limited? Question: Is the authority of the Jurist (Faqih) absolute or limited? Why? The authority of the Jurist (Faqih) is absolute, meaning that the Supreme Leader (Wali al-Faqih) possesses all of the authority which the Noble Prophet (SAWW) and infallible A`immah (AS) possess in relation to the administration of the society.
In order to better understand this discussion, we must first discuss two points: The first point is that ‘wilayat’ or ‘authority’ is of two types – ‘wilayat takwini’ - the ‘generative authority’, and ‘wilayat tashrii’ - the ‘legislative authority’. The ‘generative authority’ – meaning any form of intervention in the world of creation – is a right restricted to Allah (SWT) alone.
However, sometimes Allah (SWT) grants a portion of this authority to some of His servants and the miracles and super-natural acts of the prophets and select-friends (awliya`) of Allah (SWT) stem from this form of authority. The second form, the ‘legislative authority’, refers to the right to issue commandments and prohibitions in regards to matters of faith and the life of the temporal world.
When we say that the Noble Prophet (SAWW) and the A`immah (AS) possess ‘wilayat tashrii’ or the ‘legislative authority’, we mean that they have the right, by the permission of Allah (SWT), to command and prohibit the people from certain actions. Once these individuals (the Prophet (SAWW) and A`immah (AS) have employed their ‘legislative authority’, it then becomes obligatory upon the people to obey them in everything which they command (and prohibit).
We see that the same authority (as that of the Prophet (SAWW) and A`immah (AS) has also been given to the Jurist, and therefore, the meaning of the governance of the Jurist (the wilayat of the Faqih) is within the boundaries of the ‘wilayat tashrii’ or the ‘legislative authority.’ Therefore, the Jurist also has the right, just as the Noble Prophet (SAWW) and A`immah (AS) have the canonical right, to command and prohibit the people from various actions.[^1] The second point which must be noted is that such an authority being absolute does not mean that it is unrestrained and uncontrolled!