The Relation between " Necessity of Government" and the Principle of " Non-Guardianship"

The principle of ‘non-guardianship of one individual over another individual’ (asle adam-e wilÁyat ahad ÝalÁ ahad) is one of the widelyused principles in fiqh. This principle is supported by some of the soundest arguments to which many Muslim jurists refer as they discuss fiqhi issues. The principle has been referred to and used in discussions about the theory of the ‘guardianship of the Muslim jurist’. Each of the proponents and opponents of this theory has made use of the principle in question to establish their views. Having carefully studied the arguments for the principle and their application, one can arrive at this conclusion that the principle of non-guardianship, though it is a certain applied principle in fiqhi discussions; however, given the fact that there are rational and textual arguments regarding the necessity of government and that these arguments lend support to the principle of the guardianship of the Muslim jurist in society, the application of the principle of ‘non-guardianship’ is a historical mistake, not influential in the field of fiqh in these days.