A Short Treatise on the Guardianship of the Jurist+PDF

In this book, the author discusses in detail the concept of the Guardianship of the Jurist from an historical perspective, analysing the textual authority for its implementation while clarifying its underlying principles. This text also addresses some of the commonly asked questions regarding this concept.

Al-Raghib; the famous Arabic philologist says in his al-Mufradat: “ ‘wala’ and ‘tawalli’ is when two or more things occur side by side without anything external to them being between them. This is used metaphorically to indicate spatial, familial, religious, personal, political or ideological proximity. ‘Wilaya’ is aiding or backing, while ‘walaya’ is when one takes charge of an affair.

It has been said that ‘wilaya’ and ‘walaya’ are like ‘dilala’ and ‘dalala’ (i.e. there is no difference between their meanings), but the correct opinion is that ‘walaya’ indicates taking charge of an affair. ‘Wali’ and ‘mawla’ therefore are used in relation to this meaning”

According to this, the guardian (wali) of an orphan is the one who has charge of his affair, and a king may be described as: ‘the guardian of the affairs’. Thus, the permission to act is part of the meaning of the word. Therefore the claim of some who interpret ‘wilaya’ to mean only ‘love’ is not something that can be supported linguistically.

This is because if the intention was to speak of mere love, which is a matter of the heart, the expressions ‘love’ or ‘affection’- the antonyms of ‘hatred’ and ‘dislike’- would have been used. However, guardianship gives the meaning of taking up another’s affairs, and its antonym is ‘enmity’, which is transgressing against and infringing upon others’ affairs.

Table of Contents