Al-salamu alaikum wa rahmatullah,
As promised, here is the elaboration on the previously stated points. My concern is not to prove to brother Ethereal whether the theory of Wilayat al-Faqih is legitimate or not. I don't believe - from what I've seen so far - that he has enough background knowledge on the issue. It seems that he read criticisms here and there, either from Nasr or some other Western orientalists or ignorant scholars (I don't want to believe otherwise, because it will be degrading to those who make such claims) and took them for granted. As for having a jurisprudential and historical overview of the concept/theory, I also highly doubt it. Therefore, the following posts aim to nourish the historical/jurisprudential background of the brothers and sisters.
1) The historical significance of the theory of Wilayat al-Faqih. Which scholars believed in it, which didn't? Why wasn't the theory researched in depth? Are there any treatise's written on it from our previous scholars?
Let's begin by stating the views of the "post-major occultation" scholars regarding the leadership and succession/representation of the 12th Imam (mAhr) and carrying out his duties/responsibilities in managing the affairs of the Muslim/Shi'a society.
In this section, the views of the following scholars will be quoted:
1) Shaykh al-Mufīd (D. 413 H./1022 CE)
2) Al-Sharīf al-Mourtaḍa (D. 436 H./1044 CD) - The brother of the compiler of Nahjul Balagha.
3) Abu as-Salāḥ al-Ḥalabī (D. 447 H.)
4) Shaykh al-Ṭusī [Shaykh al-Ṭaʾifah] (D. 460 H.)
5) Sallār ad-Daylamī (D. 463 H.)
6) Ibn Ḥamzah (D. 560 H.)
7) Qutb ad-Dīn al-Rāwandi (D573 H.)
8) Ibn Idrīs al-Ḥillī (D. 598 H.)
9) Muḥaqiq al-Ḥillī (D. 676 H.)
10) ʿAllamah al-Ḥillī (D. 726 H.)
11) Fakhr al-Muḥaqiqīn al-Ḥasan bin Yusef al-Ḥillī (D. 771 H.)
12) Shahīd al-Awwal Muḥammad bin Makki al-ʿāmilī (D. 786 H.) the author of al-Lumʾah ad-Dimashqiyya.
13) al-Faḍil al-Miqdād al-Naysāburī (D. 826 H.)
14) Ibn Fahd al-Ḥillī (D. 841 H.)
15) al-Muḥaqiq al-Thānī al-Karakī (D. 940 H.)
16) Shahīd al-Thānī al-ʿāmilī (D. 966 H.)
17) Muḥaqiq al-Ardabīlī (D. 993 H.)
18) Sayyid Musawī al-ʿāmilī (D. 1009 H.) the author of al-Madārik.
19) Shaykh al-Bahāʾi (D. 1030 H.)
20) Muḥqiq al-Sabzawārī (D. 1090 H.)
21) al-Faydh al-Kāshānī (D. 1091 H.)
22) Allamah al-Majlisī (D. 1111 H.)
23) Muḥaqiq al-Qummī (D. 1221 H.)
24) Sayyid Muḥammad Jawād al-Ḥusaynī (D. 1226 H.)
25) Shaykh Jaʿfar Kashif al-Ghitāʾ (D. 1228 H.)
26) Sayyid Ali al-Ṭabāṭabāʾī (D. 1231 H.)
27) Sayyid Muḥammad al-Mujāhid (D. 1242 H.)
28) Mawla Aḥmad al-Narāqī (D. 1245 H.)
29) Sayyid Abdil Fattāḥ al-Ḥusaynī (D. 1250 H.)
30) Shaykh Muḥammad Ḥassan al-Najafī (D. 1266 H.) author of the great jurisprudential book "Jawāhir al-Kalām"
31) Shaykh al-Aʿẓam al-Ansārī (D. 1281 H.)
32) Mirza Muḥammad Ḥasan al-Shīrāzī (D. 1312 H.)
33) Shaykh Aghā Riḍā al-Hamadānī (D. 1322 H.)
34) Shaykh Fadlullah al-Nurī (D. 1327 H.)
35) Sayyid Muḥmmad Baḥr al-ʿulum (D. 1326 H.)
36) al-Akhund al-Khorāsānī (D. 1329 H.)
37) Sayyid Muḥammad Kāẓim al-Yazdī (D. 1337 H.)
38) Muḥaqiq al-Naʾīnī (D. 1355 H.)
39) Sayyid al-Barujardī (D. 1380 H.)
40) Sayyid Muḥsin al-Ḥakīm (D. 1390 H.)
41) Imam Khomeini [ra] (D. 1409 H.)
There are many more, but I think it suffices to mention these names which are considered to be the pillars of Shi'a Islam. Just having a quick glimpse at these names shows how ingrained this theory is in Shi'a jurisprudence. How sad it is to see people claiming that the theory of Wilayat al-Faqih al-'amma and the leadership of the jurist during the occultation of the 12th Imam
is something that Imam Khomeini (qs) innovated into religion and that this authority was traditionally sought to be solely for the infallible Imam
. This shows nothing but the low level of intellect and jurisprudential/historical knowledge of whoever makes such claim. It would be quite interesting to hear the view of these people regarding the Wilayah/Walayah
of the infallible Imams
. What does their Wilayah represent? How many aspects is there to it? Which is thaati (essential)
and which is 'aradhi (accidental)
? When one understands these two aspects of Wilayah in the infallible's
, he will clearly be able to understand how the leadership and absolute authority is not something essential to the Imam
, rather, it is for whoever occupies the position of leadership. The only issue is that if the Imam
is alive, then it is obligatory for him to take that position since he is the most fit to take it. Otherwise, leadership has nothing to do with the intrinsic and essential Wilayah
of the infallible Imam
Insha'Allah there will be a continuation on this topic soon to come.