A Survey of the Relationship between the Judiciary and the Government of the Holy Prophet (S) and Its Influence on the Issue of Velayat-e-Faqih in Imam Khomeini's View

One of the social movements that attracted the attention of the world and changed the world equations was the victory of the Islamic Revolution led by Imam Khomeini. Imam Khomeini theorized the theory of Velayat-e-Faqih in the years before the Islamic Revolution; In a way that found strategic capability in the field of political society. One of the most important components involved in his theory is the establishment of a connection between the position of judge and the government of the Holy Prophet (S), which matured by using the existing jurisprudential hadith sources of Bab al-Qada in cultivating the issues of Velayat-e-Faqih. Therefore, the main question of the present study is how to establish this relationship and its effects on the theory of Velayat-e-Faqih, which is very important in completing the angles and implementing the details of this theory. The present study seeks to provide a clear account of this innovation by using a library-based method, centering on Imam Khomeinichr('39')s books, and a descriptive-analytical method. The result is that, citing narrative and rational arguments, he introduces the position of judge as one of the affairs of the government and considers some of the arguments and issues of judgment to be related to the government.