Criticism and analysis of the theory of selection of religious authority from the point of view of Allameh Misbah and Ayatollah SistaniAbdol

The theory of velayat al-faqih, which was discussed only as a branch of jurisprudence and a theoretical debate among jurists before the Islamic Revolution, after the Islamic revolution received special attention as the theory of Islamic government and the theoretical basis of the system of the Islamic Republic of Iran. So that, for example, one of the main debates of the day was discussed and exchanged in scientific circles. In the meantime, we are discussing two different points of view, in the sense that Allameh Misbah, like his teacher, Imam Raha, believes in the absolute guardianship of the jurist, based on the intellectual evidence of narration, while Ayatollah Sistani, like his teacher, Ayatollah Khoeirah, believes in the limited guardianship, based on intellectual arguments. He doesn't accept narrations, but considers them to be limited to a certain extent. such as ifta, qada, and taking charge of the affairs of hasbiyyah. The meaning of ifta is that the word of the jurist is the authority in jurisprudential rulings and Shariah issues, and the authority over the judiciary means that the ruling of the jurist is valid and valid between the litigants and legal claims and judicial issues, and the meaning of habisiyah matters is the matters that are necessary to be done and the guardian It is not special, these issues have examples such as the guardianship of orphans and the insane, in this article, it has been tried to be described and analyzed, and the result of this research shows that in the matter of appointing and choosing the guardianship of the jurist, both nobles accept the same opinion (appointment).