Therefore...

Therefore, when the late Mirza Shirazi declared, “Today, the use of tobacco is unlawful [ haram ] and tantamount to war against the Imam of the Age ( ‘a )” they threw away and smashed their hookahs, and no one knew what happened. Until the day before, the use of tobacco had been lawful and was not a problem. Does God’s decree on the lawful [ halal ] and the prohibited [ haram ] change?!

Everybody, including the ‘ulama’ and the maraji‘ at-taqlid who issued religious edicts [ fatawa ] regarded themselves bound to observe this decree of Mirza Shirazi. Now, in light of this explanation and clarification of the true meaning of wilayat al-faqih , we will, after discussing one point, embark on the proofs substantiating the idea of wilayat al-faqih . Is wilayat al-faqih founded on imitation [taqlid] or on research [tahqiq]?

Since the issue of wilayat al-faqih is an offshoot of the question of Imamate [ imamah ], some say it is among the subjects which are relevant to scholastic theology [ ‘ilm al-kalam ]. ‘Ilm al-kalam technically means the science dealing with the subjects related to the principles of religion [ usul ad-din ], i.e. the subjects about God, prophethood [ nubuwwah ] and the Day of Resurrection [ ma‘ad ].

After establishing the idea of prophethood in ‘ilm al-kalam , this question arises: “After the Prophet of Islam (S), what becomes of the issue of leadership of the Islamic society?” Following this question, the question of Imamate can be discussed, and according to the proofs at their disposal, the Shi‘ah believe that the infallible Imam has the right to lead the society after the Prophet of Islam (S).

After establishing the idea of the Imamate of the infallible Imams ( ‘a ), this question is posed: “In a time like ours when we practically have no access to the infallible Imam, what must the people’s stance with regard to the leadership of the Muslim society be?” It is in pursuit of this question that the question of wilayat al-faqih is discussed.