The Authority of the Muslim Juristconsult and a Non-confessional Criticism

Dr. Mahdi Hāeri Yazdi, among others, is a thinker who has made a critique of the thesis of “the Authority of Muslim Juristconsult” in his book entitled “Wisdom and Government”. The present writer understands his critique of the thesis in question as a non-confessional critique, though it might be conceived differently at first sight, since he has not made an attempt to make use of religious doctrines in constructing the theory of “representation” or Wikālah and that of “joint private ownership”. Regarding the fact that his critique of the thesis of “the authority of jurist consult” has raised some doubts, the present article tries to provide an appropriate answer to the critique.