The Interference (Tazahum) of the Guardianship of the Islamic Jurisprudential Jurists or Velayat-e Faqihan

The inclusion of the authority to all Islamic jurisprudential jurists creates a serious question if the acceptance of such inclusion (without restricting the realm of the activity of every Islamic jurist) does not cause the Islamic jurists to interfere in each other’s functions according to their recognition at the same time. Permissibility of such interferences which is called the interference of authorities follows doubt that it creates chaos and turmoil in the system. The Islamic jurists have presented different theories to respond this question. Some have not allowed the interference (tazahum) and stated some problems and some others have accepted the inclusion of such Velayat and have answered the Problematic issues. The final result relates to the bases of the principle of the guardianship of the jurist or velayat-e faqih. If the evidence of the guardianship of the jurist or velayat-e faqih is verbal reasons, the interference of authorities in the field of the major governmental issues is not permitted because of establishing chaos and turmoil and there is no reason to be prohibited in other cases. But if it is accepted from the point of Hisbiya Affairs (Al-Umur al-Hisbiya) and the stage of certainty, only chaos and turmoil is the spectrum of permissibility or impermissibility determines the interference (tazahum). Any interference which makes chaos and turmoil is prohibited and the other interferences are permissible. The requirement of practical principle where there are several Islamic jurisprudential jurists who have the stipulation of governance is the permissibility of the interference (tazahum) of faqihan.