The Principle of Hesbeh in Imam Khomeini's Viewpionts

The Principle of Hesbeh is among the issues that has always drawn the attention of the jurisprudents. Although there are differences of opinion among the Jurisprudents about this principle, they agree that Hesbeh refers to the issues whose implementation is in the interest of the society and their discarding is to the determent of the society. According to Imam Khomeini the Lawgiver does not allow any indolence in the implementation of Hesbeh (Imam Khomeini, 1999, Vol. 2, p. 665). He maintains that Sharia does not allow the discarding of Hesbeh. Indeed the lawgiver does not tolerate Hesbeh to be neglected. Some people must implement the Hesbiya issues. Therefore in most cases Hesbiya issues belong to the category of wilaya. Imam Khomeini defines three Hesbiyah categories: 1- the issues that have certain guardians; such as the natural guardianship of father over the property of minor child; the issues that have general guardians, such as issuing a fatwa which is the authority of jurisprudent; and the issues that are subject to the viewpoint of the infallible Imam which are proven for the jurisprudent according to the reasons of wilaya. Imam Khomeini maintains that the scope of Vali Faqi's authority in Hesbiya issues is just like that of the infallible Imams.