In the Qur’an...
In the Qur’an, traditions and statements of jurists [ fuqaha ], usually the word “guardianship” [ wilayah ] is used instead of “government” [ hukumah ]. Apart from that, the word wilayah is more appropriate than the word hukumah —just as the Supreme Leader Ayatullah al-‘Uzma Sayyid ‘Ali Khamene’i pointed out, the connotation of the word hukumah is laden with a sense of dominance and imposition—as the word wilayah is more profound and associated with love and affection.
At any rate, the word wilayah can be used in lieu of hukumah , as one who regards “government” as necessary for society also feels the same about “guardianship” for society in juristic parlance and usage. Given these introductory remarks, we argue that if this wilayah enjoys all prerogatives through which all responsibilities can be discharged and all needs of society addressed in accordance with Islamic and legitimate standards, it can be said that this wilayah is absolute.
But if the wali al-amr [Guardian or Master of the Affair] has wilayah only to the extent necessary, i.e. only in cases where the lives of some people are in danger that we believe in him to have the right to exercise authority over the properties of people, and no authority in city development and beautification as well as construction of green zones (parks) and squares, it is said that this wilayah is limited and conditional.
People’s skepticism on absolute guardianship We are explaining these things because some people, in a bid to misguide the people in general and the youth in particular, are poisoning their minds by pointing out certain fallacies in the theory of wilayah al-faqih . Initially, they objected to the word wilayah , saying that “guardianship” [ wilayah ] is applicable to children and the mentally retarded.
Wali means “guardian” and is needed by those who do not have the necessary intelligence and capability to administer their daily lives. So, anyone who advances the theory of wilayah al-faqih , in reality regards the people as having low intelligence quotients (IQs) and needful of guardians. This fallacy is very clear and self-evident.
Just as the wilayah of the ( ‘a ) does not literally mean their guardianship of people and the latter’s need for a guardian, wilayah here is used to mean hukumah , i.e. administering social affairs and overall management of society.