State rule at the fundamentalists


  • Sadiq Hassan Ali Tufayli University of Kufa / College of Fiqh


Guardianship rule, Wali al-Faqih


State rulings are procedural and executive rulings. Because it is required by the nature of the issue of guardianship, and it always refers to diagnosing minor matters and subjects, applying the rulings of the Sharia on them, and applying them to the rulings of the Sharia.The guardian can take a series of decisions according to what is required by the current interest, put some rules on their application, and work to implement them in a timely manner. These decisions are obligatory, and they have the same consideration as the Sharia, with the difference that the heavenly laws are immutable and immutable. Positive decisions are subject to change, and in their steadfastness and survival they depend on the interest that created them.And state rulings are based on the general interests that the non-infallible can perceive and know.And regarding the area of state rule and the limits of the powers of the Guardian Jurist. Some jurists believe that it is specific to mathematical matters. And there are those who added to matters of proportion the issue of defending Islamic lands as well. And there are those who added to that the establishment of limits and punishments; And there are those who said that state rule is linked to social and political matters, and the qualitative interest; And there are those who consider the powers of the jurist guardian linked to the enforcement of Islamic rulings and the administration of Islamic affairs within the framework of just Islamic laws.As for the document of state rule, it was indicated by some noble verses and some narrations from the honorable Sunnah, in addition to some jurisprudential and fundamentalist rules, in addition to the necessity of the ruling mind to maintain order and preserve the public interest.The research concluded with a set of results, including:The guardianship provisions have a wide area through which the capacity of the guardianship of the jurist is evident.The state government also has a clear impact in finding solutions to many emerging issues. The activation and implementation of state rulings has a prominent role in preserving the security and economy of Islamic societies.