The Origin and Nature of the Principle " that no person has any naturally-vested power over any other person (the principle of the autonomy of the individual)" in the Shi i Political Thought

One of the undisputable principles proposed in ShiÝÐ fiqh for which arguments have been given in various cases is the principle “that no person has any naturally-vested power over any other person (the principle of the autonomy of the individual)”. Although in various fields of fiqh, Shi’i jurisprudents (faqihs) have made recourses to the arguments for the principle in question and issued verdicts (fatwa) in support of it, they have not spoken so much of its origin and nature. Given the importance of this principle in ShiÝÐ fiqh, especially in discussions on the government and politics and its effect on the rejection or affirmation of certain governmental positions for women such as being a leader or a judge, it seems necessary to speak of the nature and origin of the principle. Seeking to elaborate on the nature and origin of the principle, the present article explores the expositions faqihs have given for the principle and comes to a conclusion that the principle in question has its roots in the doctrine of the unity of Divine creative power. Therefore, the principle in question in the Principles (Osul) terminology is taken to be a legal argument, an imÁrah (an evidence which leads to a speculative reasoning) and as such a fact/truth revealer, rather than a practical principle which serves to make the person responsible for his religious duties (mukallaf ) free from bewilderment and confusion.