The Divine Legitimacy of Establishing a Government during Occultation, in the light of Allamah Naiini's Views

According to the theory of “designation” only a just faqih (jurist) who enjoys all the requirements is generally designated for the guardianship of Muslim and regarded legitimate through Divine command and through the decree of Imams during occultation. The principle of grace (lutf) and ‘Omar b. Hanzaleh's narration which is approved by religious scholars are among the most important intellectual and tradition-based proofs of this theory. According to Allamah Naiini’s view, establishing a constitutional government during the lifetime of the infallible Imams is the same government as that of Imams and it is entrusted to faqihs during occultation because government is generally deemed legitimate only by Islamic law and through designation. Therefore, Allamah Naiini believes in the designated guardianship of faqihs because he openly accepts ‘Omar b. Hanzaleh’s accepted tradition. However, he sees that since faqihs’ coming to power under the conditions of his time is not possible, he calls for conventional constitutionality, which demands faqhi's permission and approval, without which it will be illegitimate.