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Shiavault - a Vault of Shia Islamic Books A Cursory Glance at the Theory of Wilayat al-Faqih Chapter 3: The Role of the People in the Islamic Government One of the fundamental questions in political philosophy is: Who has the right to take charge of government and assume the responsibility of managing the affairs of society? In other words, according to what principle does an individual or a group have the right to prescribe and proscribe in social affairs and people have to obey?

This discussion is concerned with the question of “legitimacy” [ mashru‘iyyah ]. As we previously stated in the discussion on the presuppositions of the theory of wilayat al-faqih , according to Islam the right to govern intrinsically and originally belongs to God, the Exalted, and no individual or group has such a right unless he or it is granted certain privileges by God.

Resting on solid evidence, we believe that God has bestowed this right to the Holy Prophet of Islam (S) and to the twelve infallible Imams ( ‘a ) after the Prophet (S) and to the duly competent jurist [ faqih jami‘ ash-sharayit ] during the period of occultation [ ‘asr al-ghaybah ] of the Imam of the Age ( ‘a ). Has this right also been delegated by the Islamic school to all the members of the society?

In reply to this question, things like “legitimacy and acceptability” [ mashru‘iyyah wa maqbuliyyah ] and “the role of the people in the Islamic government and the principle of wilayat al-faqih ” are discussed. Owing to the special importance of these subjects, we shall hereby deal with them in detail.

The meaning of ‘legitimacy’ [mashru‘iyyah] As we have already stated, what we mean by mashru‘iyyah here is rightfulness [ haqqaniyyah ]; that is, whether or not the person who is in charge of government and holds an administrative post has the right to assume the position. Or, regardless of his being meritorious, righteous and just, does he have required legal right and credibility to rule, or not?

And regardless of whether or not the laws he is enacting and implementing are good and just laws and gearing toward the general interests of society, does this person have the right in principle to be the executor of these laws?