Being a Jurist as a Condition for the Islamic Ruler in the Sunni Political Jurisprudence

Document Type : Science - Research


Assistant Professor of Political Jurisprudence at Shahid Beheshti University


The government and guardianship (Wilaya) have long been one of the most fundamental human societies issues. Prosperity, failure, dignity, and degradation of any society are directly affected by the power presiding over it. Therefore, universities and educational centers have long put the research, clarification, and the teaching of governing theories, principles, and sub-principles in their academic perspective. Both Shias and Sunnis accept guardianship and governance as a principle to a functioning society while disagreeing on the Islamic ruler's qualifying conditions. When theorizing the jurist's control (Wilaya of Faqih), Shia scholars solely assume their take on Islam for granted, almost irrespective of the Sunni perspective. Therefore, people may rightfully ask: ‘what are the Sunnis scholarly and jurisprudential stance on the Islamic jurist's guardianship?’ ‘Is this specific to the Shia world and limited to Shia Jurisprudential (Fiqh) theorizations or Sunnis supporting it?’ What are the privative and affirmative Sunni views for jurisprudence (Fiqaha) as a qualifying condition for the Islamic ruler?’ and ‘what are these views based?’ ‘What traits and requirements are necessary for the Islamic ruler from the Sunni scholarly perspective and whether or not it is possible to deduce the Islamic jurist's guardianship, as an exigent Islamic issue, from the Sunni-recognized Hadiths?’ These are questions to which this article will seek to provide answers from the viewpoint of political jurisprudence.