A Review of the Fiqhi-Legal Domain and Inseparability of the Principles of Generality of the Guardianship in the Constitution in the light of the Ideas of Imam Khomeini and Allameh Mesbah Yazdi

One of the issues raised by constitutional jurists, and scientific circles is the question of the generality and jurisdiction? of the constitutional legislator, so that some people, relying on certain principles, believe in the limitation of the functions duties and jurisdiction of the cases considered by law; therefore, they reject the idea of generality of guardianship, where as some others believe in the generality of guardianship and inclination of the institution of the supreme leader to solve the problems and further the interests of society. This study evaluates the arguments of both parties by checking the fiqh-legal issue and expounds the held view. The hypothesis is that the constitution legislator holds that the plan and approval of the generality of guardianship are based on its ancient fiqh origin and, has acted with caution and intelligence and given special attention to national sovereignty in this respect.