Comparative Study of the Range of Government Rulings in the Thought of Ayatollah Khoei and Ayatollah Boroujerdi

Document Type : Original Article

Authors

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

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad Iran.

3 Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad Iran.

Abstract

After the establishment of the Islamic Republic in Iran, the issue of "public guardianship of the jurisprudent" in the face of lack of guardianship or limited guardianship of the jurisprudent by jurists and thinkers, has always been a place of discussion and debate in scientific and political circles. Among the most important of them are Ayatollah Khoei and Ayatollah Boroujerdi. The present article, with a comparative view and reference to the opinions of the two, using the method of qualitative content analysis, has proved their acceptance of government authority for the jurist. Examination and analysis of different sources and views show that both jurists agree on the need for people to refer to the appointed jurist in the absence of the Infallible (AS), but it seems that in the opinions and views, Ayatollah Borjardi has a more special view and There is a wider range of jurisprudential powers than Ayatollah Khoei, and even the authority to issue a government decree by the ruling jurist in general "new issues", distinct from the primary and secondary rulings, to untie the knot of affairs and the ability to apply the laws of the Shari'a with complexities and It prescribes time and the preservation and observance of the "public interest of Muslims." The more complex and fluid conditions of the time of Ayatollah Boroujerdi, which had intensified the need for the jurists to respond to these new conditions, as well as the beginning and culmination

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