A Comparative Study between the Perspectives of Imam Khomeini and the Martyred Sadr regarding the Restrictions and Authorities of the Jurisconsult's Guardianship

All jurisconsults believe that the jurisconsult has guardianship to some extent. The main question disagreed among the jurisconsults is the restrictions and authorities of the 'jurisconsult's guardianship' during the absence [of infallible Imams]. The theories of two contemporary broadminded and revolutionary jurisconsults in this regard, i.e. Imam Khomeini and the Martyred Sadr, and studied and compared in this article. Observing Imam Khomeini's writings and his practical manner, it is deduced that he has always believed in 'jurisconsult's absolute guardianship' during his scientific and social life; he believes that the jurisconsult is the successor of the Prophet and the Imams (PBUT) in all governmental fields and that there is no difference in the necessity of obeying them and their guardianship and government. On the other hand, it is deduced from the writings of the Martyred Sadr that he believes the jurisconsult per se is the righteous mature authority and the scientific authority in the period of absence and supervises the correct fulfillment of the Divine law and the Islamic rules. It is clear that these two perspectives present two different methods of government. The main difference is that according to Imam Khomeini's view, jurisconsult is the guardian and the ruler and has the highest executive position in the country, while according to the Martyred Sadr's view, jurisconsult has no executive role; the public is responsible of governing and the jurisconsult is responsible of supervising the complete fulfillment of rules and their correspondence with religious rules.