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Velayat-e faqih : ウィキペディア英語版
Guardianship of the Islamic Jurists

Guardianship of the Jurist or Providence of the Jurist (Arabic: ولاية الفقيه, ''Wilayat al Faqih'', Persian: ''Vilayat-e Faqih'') is a post-Age-of-Occultation theory in Shia Islam which holds that Islam gives a ''faqīh'' (Islamic jurist) custodianship over people. Ulama supporting the theory disagree over how encompassing custodianship should be. One interpretation – limited Guardianship of the Jurist – holds that guardianship should be limited to non-litigious matters (al-omour al-hesbiah)〔http://www.sistani.org/html/eng/main/index.php?page=4&lang=eng&part=4〕 including religious endowments (Waqf)〔http://english.awqaf.ir/〕 judicial matters〔(Interview: Hamid al-Bayati (May 2003) )〕 and the property for which no specific person is responsible. Another – "Absolute Guardianship of the Jurist" – maintains that Guardianship should include all issues for which Prophet of Islam and Shi'a Imam have responsibility, including governance of the country.
The idea of guardianship as rule was advanced by the Ayatollah Ruhollah Khomeini in a series of lectures in 1970 and now forms the basis of the constitution of the Islamic Republic of Iran. The constitution of Iran calls for a ''faqih'', or ''Vali-ye faqih'' (Guardian Jurist), to serve as the Supreme Leader of the government.〔(Taking Stock of a Quarter Century of the Islamic Republic of Iran ), Wilfried Buchta, Harvard Law School, June 2005, p.5–6〕〔(Constitution of the Islamic Republic of Iran, section 8 ) Article 109 states an essential qualification of "the Leader" is "scholarship, as required for performing the functions of mufti in different fields of fiqh"〕 In the context of Iran, guardianship of the jurist is often referred to as "rule by the jurisprudent," or "rule of the Islamic jurist".
==Theory==
''Wilayat'' conveys several intricate meanings which are deeply tied to Twelver history. Morphologically, it is derived from the Arabic ''wilayah'', the verbal noun of ''waliyan'': to be near and to have power over something. Technically, ''wilayat'' means rule, supremacy or sovereignty. In another sense, ''wilayat'' means friendship, loyalty, or guardianship (see Wali).〔Ahmad Moussavi, ''The Theory of Wilayat-i Faqih''〕
The doctrinal basis of Guardianship of the Jurists comes at least in part from the hadith where Muhammad is reputed to have said "The ulama are the inheritors of the prophets" ((アラビア語:العلماء ورثة الأنبياء)).〔(Chapter 14 )〕 Although the issue was mentioned by the earliest Shi'i mujtahids such as al-Shaykh Al-Mufid (948-1022), and enforced for a while by Muhaqqiq Karaki during the era of Tahmasp I (1524–1576), according to John Esposito in ''The Oxford Dictionary of Islam'', Morteza Ansari (~1781-1864) was the first Islamic scholar to advance the theory of Guardianship of the Jurists.〔Esposito, John, ("Ansari, Murtada." ) The Oxford Dictionary of Islam, (2003). Found in Oxford Islamic Studies Online〕
There is a wide spectrum of ideas about Guardianship of the Jurists among Ja'fari scholars ranging from guardian-less activities () in Islamic society, such as unattended children, to absolute authority () in all public matters.
Two types of guardianship can be understood. The first type of is mentioned in various chapters of Shi'i fiqh. It discusses guardianship over the dead and over others in need of guardianship, such as the insane (), absentee (), poor (), etc. For example, verse 33 of Surah 17 〔(【引用サイトリンク】title=Surat Al-'Isra' () – The Noble Qur'an – القرآن الكريم )〕 refers to authority of heir of oppressed slain. This type of guardianship can not be applied to a society because none of the mentioned characteristics apply to human society.
The second type of guardianship which appears in principles of faith and kalam discusses guardianship over sagacious and wise people. The verse 55 of Surah 5〔(【引用サイトリンク】title=Surat Al-Ma'idah () – The Noble Qur'an – القرآن الكريم )〕 implies the second type in Quran. The Guardianship of the Jurists can be understood from this second type only. Believing Guardianship of the Jurists is not the matter of following a marja but should be understood by reason and needs intellectual reason.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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