A Juridical (Fiqhi) Study of the Genaral Conditions of Guardianship (part one)

Man's intellect commands that governing a society requires certain conditions, without which it is not possible for one to become a guardianfor the nation. The importance of such conditions is more heavily emphasised by the Islamic government, for the Islamic government seeks to accomplish broader and higher aims. The person who is entrusted to be a guardian for the nation must have the ability to guide people towards prosperity in this world and the hereafter. The mentioned conditions are referred to as the general conditions of a guardian jurist and they are approved by intellect (aql) and transmitted traditions (naql), and such harmonious uniformity and agreement between the intellect and the Law (shar‘) indicates that there is consensus of opinion among the wise and religious people. The first part of this article expounds five of these conditions; Islam, shiism, Ijtihād (independent judgement), being most knowledgeable about government management and justice. Obviously, having a non-Muslim's guardian for Muslims makes for the deviation of people from Islamic principles and precepts, which contradicts the principal purpose. For the same reason, it is assumed that other than a Shi‘ah guardian is not suitable for heading a Shi‘ah society. The aim of Ijtihād (independent judgement) and being most knowledgeable about government management and justice is to achieve such things like mangement of social affairs and governmental affairs as properly as possible and directing domestic and foreign policy as well as diplomatic relations, etc. Also, justice ensures government trusteeship.