However...

However, no comprehensive and orderly discourse is found in the fiqh books of predecessors; the reason being the unfavorable political and social conditions prevailing over Islamic countries in the past and the dominance of tyrannical ruling cliques that had made it impossible to touch upon such discussions.

But regardless of the difference among fuqahā on the extent of authorities and the case applicability of governance of the jurist during the period of Occultation,[^1] there is unanimity among them in general as to the affirmation of a certain kind of guardianship authority for the fully competent faqīh . Opinions of fuqahā on the kind of guardianship and the extent of authorities of the Islamic jurists during the period of Occultation have been recently compiled and published in some books.

According to available sources, the late Āyatullāh Mullā Ahmad Narāqi[^2] (one of the Qājār dynasty contemporary scholars) has dealt with this subject matter in his book ‘ Awā’id al-Ayyām more detailed than the others.

He first tried to seek evidence from numerous narrations proving that the faqīh is entrusted with guardianship rights during the Occultation period in the following areas: In all instances, where the Prophet and the infallible Imāms (‘a) had been authorized and assigned as guardians except in cases, where this had been excluded due to religiously legal requirement. In all instances related to religious and living duties of people that must be carried out.

By relying on Qur’anic verses, Prophetic traditions, and jurisprudential arguments, he continues the discourse by giving ten examples of applicable cases within the sphere of governance of the jurist such as iftā ; administering punishment; protecting the properties of the orphans, insane, and the absent individuals; and taking possession of properties of the infallible Imāms.

Although it can be understood from the late Narāqi’s discussions that he has included governance within the same sphere, he has not openly stressed on it. After the late Narāqi, Imām Khomeini was the only faqīh to deal tacitly with the governance of the jurist for the first time and proved the point.

As indicated earlier, Imām Khomeini had once discussed the question of governance of the jurist in Najaf in thirteen instructional sessions of which the present book is the transcription and edited form of the same course instructions.