The works of the Supreme Leader and Ayatollah Misbah's theory about the absolute authority of the jurist
According to the correct religious traditions, the guardianship of the Islamic Ummah during the absence of the Imam of the Asr (the souls of the departed souls) is necessarily on the shoulders of the Islamic jurist, and the leadership of the Islamic community cannot be realized except with the guardianship of the jurist. An important question that is raised in this regard is, to what extent are the powers of the jurist, and is the velayat-efaqih in the Islamic society absolute or is it considered limited and bound? In this regard, there is a fundamental difference of opinion among religious elders, each of whom considers evidence and works for their claims. Despite the many similarities between the views of the Supreme Leader and the late Allameh Misbah Yazdi (may God have mercy on him) on the theory of velayat-e-faqih, the differences of opinions can be found in this regard as well as being natural. The current method of writing is descriptive and analytical using library sources, which finds eight results from the works of absolute jurisprudence according to the theory of Supreme Leader and Ayatollah Misbah Yazdi (may God bless him and grant him peace) and is expressed in three disagreements: disagreements such as: 1. Acceptability is a part of legitimacy from the point of view of leadership, unlike Allameh Misbah who thinks acceptability is a process to realize government. 2. According to Ayatollah Misbah, the vote and allegiance of the people is in line with the interests of the society, and in itself, a special Shariah position cannot be imagined for it; But the leadership gives legitimacy to votes and opinions. 3. According to Ayatollah Misbah (may God have mercy on him), giving role to the people does not . mean giving legitimacy to their vote in laws and governance.
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مبانی فقهی سه اصل حاکم در روابط بین الملل (عزت، مصلحت، حکمت) با تاکید بر بیانیه گام دوم انقلاب
*، علی اصغر حدادزاده، مجتبی قراباغی
نشریه پژوهش های میثاق با انقلاب، بهار و تابستان 1403 -
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