Revisiting the Reasons and Documentations for the Rule of “Alwilāyatol Khāsah Aqwā minanwilāyatol ‘Āmah” from a Comparative Perspective1

The Rule of “Alwilāyatol Khāsah Aqwā minanwilāyatol ‘Āmah” is among the jurisprudential rules based on which some Sunni scholars have cited in secondary jurisprudential rules. By virtue of this rule, there is a relationship between the guardian and what is under his guardianship that enjoys such solidarity and dominance that in spite of his presence there would be no right of interference and oc- cupation for the general guardian in the realm of special guardian’s guardianship. In the present study, first, the hadiths cited by Sunni jurists have been analyzed and examined as evidence of this rule, then other arguments have been expressed as customary confirmations and some have been criticized. Likewise, this paper has stated and proved the rule of “Al-aqrabo Yamnaol Ab’ad”, a rule which is
stated by Imamiyah jurists on the heritage issue and no one has criticized this rule. Finally, the narrations of “Lahmeh” and “Assoltan walion man lā waliya lah” and the rule of “Al-aqrabo Yamnaol Ab’ad” have been the approved reasons for proving this rule.