AbstracThe Extent of the Jurisprudents’ Guardianship in the Mindset of Shiite Jurisprudents (Case Study: Sheikh Tusi)

although the jurisprudential guardianship in its political sense is an idea belonging to the contemporary era and establishment of Islamic Republic system in Iran, it is historically rooted in the thoughts of the Shiite jurisprudents who have fostered the elements of this concept during various eras. Based thereon, the present study aims at the investigation of the history of the jurisprudents’ guardianship as viewed by Sheikh Tusi also known as Sheikh Al-Ta’efeh [the elder of the tribe].

the study method is descriptive-analytical and use will be made of the works by Sheikh Tusi and other Shiite jurisprudents and scholars as the primary sources of the research. Therefore, the required information has been collected based on documentary and library research.

the mindset of Sheikh Tusi about the guardianship of the jurisprudents is based on their playing of roles in the social and judicial affairs as well as their devising of strategies for receiving Khoums [one fifth of the properties) and dealing with the financial matters and his mindset does not feature a prominent political aspect. However, the ideas of the jurisprudents about various affairs of the society is influential and articulate in the era of occultation of the immaculate Imams (peace be upon them) for they are individuals with sufficient recognition and knowledge in the area of the religious verdicts and this same approach has become a ground for the fostering of the theory of jurisprudential guardianship by the other Shiite scholars which is reflective of the theory’s perfection in the course of Shiism’s history.

proposing jurisprudents as the continuers of the movement by the great prophet of Islam (may Allah bestow him and his sacred progeny the best of His regards) and the immaculate Imams (peace be upon them) in the domain of various issues, fostering of the Shiism’s political mindset based on the guardianship of the jurisprudents against the political mindset of the tyrannical sultans and the fellows of oppression and considering the jurisprudents as rightful persons in the judicial and non-litigious matters are amongst the indicators that can reveal the mindset of Sheikh Tusi as a carrier for the transferring of the theory of the jurisprudential guardianship to the future eras.