Position of the Muslim Jurisconsult's Authorization for Jihād (holy war)

Muslim jurisconsults have laid down conditions, developed principles and made rulings and elaborated on them. One of these discussions is focused on the role and position of a Muslim jurisconsult and his authorization for JihÁd or holy war, whether this jihÁd is of offensive or defensive kind. Since the conclusion of this discussion is dependent on the condition of the presence and direct participation of the Infallible Imams and their special (appointed) deputies in Jihad, in this article four possibilities for this condition have been discussed among which this possibility that in both kinds of Jihad the condition of the presence and action of the infallible Imam and the Muslim jurisconsult's authorization is the necessary condition for the existence and fulfilment of Jihad, not the condition for its legitimacy or necessity. Therefore, the condition of the presence of the Infallible Imam is not taken to be a condition for the legitimacy of JihÁd so that the Muslim jurisconsult's taking measures in this regard in the period of Occultation are deemed to be illegitimate, and not to be the condition for its necessity so that the Muslim jurisconsult's acts are deemed recommended and unnecessary. Rather, the necessity of JihÁd in relation to this condition is categorical (absolute) and the condition is merely condition of presence, i.e. the fulfilment of JihÁd is not possible without the presence and action of the Muslim jurisconsult. This possibility is consistent with the generalities and applications of the arguments for the necessity of JihÁd on the one hand and the existing expressions in traditions can be justified and explained in the light of it on the other. It is also correspondent with the idea of Muslim jurisconsult in general.