The Nature of  Representation from the Perspective of Political Jurisprudence and the Constitution of the Islamic Republic of Iran

‘Representation’ is an institution which has come into existence and developed in the cultural and social context of the West and then has found its way into other societies. Regarding the nature of representation in political fiqh three theories have been developed thus far: some believe that the relation between people and a representative is like the relationship between people and a magisterial (naqib) or a deputy (Ýarif). Others consider representation as a concept that can be applied to someone who acts as an agent on behalf of the qualified Muslim jurist (faqih) who has the authority over Muslim community. Still others, who constitute the majority, have taken representation to correspond with ‘contract of mandate.’ Though it seems that, in the Constitution, representation corresponds more with the thesis of agency on behalf of the Muslim qualified jurist in authority and that the term ‘representation’, as included in the article 67 of the Constitution, has been carelessly used, nevertheless the fact that all characteristics and requirements of representation are not fully applicable to thesis of agency on behalf of the Muslim qualified jurist in authority, on can take the concept of representation as having a conventional ratified nature or as an independent legal innominate contract between people and the one who is elected by them. This contract has its own rulings, terms and conditions and consequences which are binding due to the determined laws, and as long as it does not have any contradiction with the Divine Law. In an Islamic government, the legitimacy of acting as a representative is dependent on the Muslim qualified jurist’s delegation and confirmation which is enforced by the Council of Guardians.