['Aalim Network QR] Marja/Vilayate Faqih

[abbas@dircon.co.uk (Abbas Jaffer)]

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\
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The following question was kindly answered by Dr Liyakatali Takim.

Regards

Abbas Jaffer
Moderator - ABDG-A.

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Question:

What is the difference between vilayat-e-faqih and marja-e-fatwa ?

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Answer:

Wilayat al-faqih refers to the all-comprehensive authority of the jurist
(faqih) in the absence of the twelfth Imam (A.S.). In particular, the
question arises as to the extent of the authority of the faqih during the
ghayba - can he undertake all the functions that a Ma'sum Imam undertakes?
Thus wilaya al-faqih may include functions like wilaya al-nizam (the
authority to manage public order); wilaya al-qada' ( the authority to
administer justice) which includes the authority to implement the hudud
(punishments for acts violating the public order), wilaya al-siyasa - the
authority to administer a government and hold political office and also
wilaya al-tasarruf (authority for the jurist to act in a way which he judges
to be the best in the interest of the community). A corrollary to the wilaya
al-faqih may include the duty to declare a jihad. It is to be noted that not
all mujtahids accept the concept of the all-embracing and comprehensive view
of wilaya al-faqih.

Marja' al-taqlid refers to the role of a mujtahid who is competent to derive
juridical rulings from the Qur'an and hadith literature and is able to
arrive at solutions which are not explicitly stated in the sources by having
recourse to the principles as stated in usul al-fiqh. Such a mujtahid is
qualified to issue juridical verdics (or fatawa) and is a source of
reference for muqallidin who follow him by doing his taqlid (which literally
means to imitate his acts). Thus it is possible for a person to be a marja
al-taqlid without occupying the position of wilaya al-faqih.

Wa ma tawfiqi illah bi'l llah

Liyakatali