Analysis of rational, metaphysical and jurisprudential principles of the necessity of the supreme leader with emphasis on the implementation of limits

Document Type : Original Article

Authors

1 PhD Student in Jurisprudence and Fundamentals of Islamic Law, Hamadan Branch, Islamic Azad University, Hamadan, Iran.

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Research Sciences Branch, Islamic Azad University, Tehran, Iran

3 Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran

10.30510/psi.2022.300389.2162

Abstract

After the age of occultation, one of the most important and fundamental issues that has immediately attracted the minds of scholars and jurists is the implementation of limits during the time of occultation. According to the Shari'a, since the right to judge and also to perform hadd is for the Prophet (peace and blessings of Allaah be upon him) and the Imams of the Infallibles (peace be upon them) and their special appointees. Shiism and Sunni, which are important pillars of the two religions. For the jurist, forgery of guardianship is due to the power of jurisprudence, because referring to causality is the suspension of the ruling (guardianship) on the description (jurisprudence). After the book, reason, tradition and consensus are the fourth source of religious principles in Islam. In Islam, one of the inseparable requirements of jurisprudence is Islamic philosophy and theology, with which it has an inseparable relationship. While examining the jurisprudential sayings of this study, which examines the metaphysical and rational foundations of the necessity of the existence of the supreme leader, which is one of the examples of the effect of his presence, ie in the absence of the implementation of limits and has shown that the presence of the supreme leader in addition to a narrative necessity Is rational as well as metaphysical, the implementation of limits during his absence will double the importance of his existence. However, in the jurisprudential point of view, selective and appointment theory has also played an important role.

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