Document Type : Original Article
Authors
1
Ali Jahanipour, PhD Student in Public Law, Islamic Azad University, Isfahan Branch (Khorasgan), Isfahan, Iran
2
Masoud Rai, Associate Professor, Department of Law, Islamic Azad University, Najafabad Branch, Najafabad, Iran. (Corresponding Author, Supervisor)
3
Hadi Sadeghi Aval, Assistant Professor, Department of Political Science, Shiraz University, Shiraz, Iran. (Consultant Professor)
Abstract
The theory of Velayat-e-Faqih is the most pivotal foundation of the Islamic political system in the era of the absence of Imam al-Zaman (as). According to the defenders of this theory, its true meaning can be found in the word of revelation, which has both theological and jurisprudential principles. Unfortunately, in all past eras, this theory remained subjugated and abandoned in the field of power, but in the field of theorizing with dynamic and continuous ijtihad, it continued its growth until today, Shiite jurisprudence has designed a new horizon to In the shadow of this jurisprudential system, provide the engineering of the Islamic society with appropriate mechanisms. But with all these characteristics and having common points of thought, believers in the theory of Velayat-e-Faqih on the source of legitimacy and how to select and authority of the Supreme Leader, have disputes within the jurisprudential discourse that is one of the internal jurisprudential conflicts And popular legitimacy (theory of choice) has emerged. By analyzing in detail the constitutional negotiations and its principles, it can be said that the theory of democracy has been accepted within the scope of Sharia. And this discourse, in spite of the intra-jurisprudential discourse, has accepted the provisions of modern constitutional rights in the Al-Faragh region.
Keywords
)