A comparative study of Sanhuri's theory of Caliphate and Imam Khomeini's theory of Guardianship of Jurisprudent

The theory of absolute guardianship of Jurisprudent is among initiatives of Imam Khomeini in the field of governmental jurisprudence within the framework of Twelver Imamiyah Jurisprudential school of thought. The theory of Caliphate of Raashede Abdurazaq Ahmad Sanhuri which was developed on the basis of general jurisprudence of Sunni School of thought is among important governmental jurisprudential schools. A comparative study of the two theories may prepare the grounds for better interaction between Islamic schools of thought and will develop Islamic general jurisprudence. Imam Khomeini maintains that Wilaya (guardianship) during the occultation of the Twelfth Imam has been created for a just and socially and politically efficient jurisprudent. Its domain encompasses public affairs as well as the exigency of the Islamic society and it is absolute with regard to the divine commandments including the primary and secondary principles as well as the laws enacted by human beings. In Imam Khomeini’s viewpoint, the direct election of the Wali-e Faqih by the nation or his indirect election by the representatives of the people (Assembly of Experts) is within the framework of general appointment of a just and politically and socially efficient jurisprudent. Sanhuri argues that one of the features of guided caliphate is its comprehensiveness and the fact that it encompasses religious and mundane affairs, while commitment to Islamic Sharia and its application within the realm of Abode of Islam (Dar ul Islam) is among the features of Caliphate system. He also maintains that the Caliph must be just and sagacious. According to him, a proper Guided Caliphate system can be formed with the participation of the experts from all Islamic territories to elect the Caliph and also to pledge allegiance to him. He also refers to consensus as one of the methods of election of the Caliph.