A Review of the Principles of the Legitimacy of Government in Shiite Political Fiqh with Emphasis on the Theory of Guardianship of Religious Jurist

The Shia think that there is a kind of duality in the origin of the caliph's rule after Holy prophet (May the blessing and peace of Allah be upon him and his progeny). They believe that the caliph's rule lacks legitimacy and hold that the legitimate successor of Holy Prophet was deprived of his lawful right to rule. According to Shia political fiqh, the legitimacy of government is founded on the principle that if rulers are not selected according to religious and legal rules and regulations, they are illegitimate. In political fiqh, legitimacy means rightfulness as distinct from usurpation. According to political fiqh, there is no source of such legitimacy and rightfulness other than God. The rule of guardian jurist which is in line with the type of God, prophets and the pure Imam's guardianship has divine legitimacy. Using a documentary- analytical method, the present paper tries to establish the idea that a government must have a divine source of legitimacy and its determination depends on social (civil) acceptance.