Is Wilayat al-Faqih part of Islam — or a modern political theory? 

Or something new, born in the 20th century?
Before you accept or reject it, you have to ask:
❓What is Wilayat al-Faqih?
❓Is it rooted in Islam — or built on ideology?

Let’s break down the argument👇

The logical argument (Aqli) Part - 1

Proof for the Self-Evident nature of the Jurist's Guardianship 

Islam is a religion of Governance - and that structure must be rooted in divine law. Reason dictates that no moral, ethical, or legal system can survive without an authority to implement, preserve, and defend it. The Qur’ān, the Sunnah, and Islamic law together present a full system - addressing economics, ḥudud (Islamic Punishments/limits), public welfare, defense, judiciary, and leadership. What is the use of such a complete framework if there is no one authorized to enforce it?

Take make it clearer (that Islam is a religion of Governance), here is some of those points explained in detail.

a. The financial obligations legislated in Islam produce massive wealth - clearly meant for public administration, not only individual charity. Provisions such as khums, zakāt, and kharāj indicate a national-level treasury and organized financial authority.

Take khums as an example: it is to be taken from various types of surplus wealth - gains from trade, agriculture, inheritance, etc. One-fifth of that surplus is given to the Imam (AS) or his wakil (representative) to be added to the treasury. It is obvious that this is not intended merely to support the poor among or to fund ḥawzas. Rather, when applied nationally, the size of this resource becomes immense - enough to sustain the major needs of a Muslim society.

This includes healthcare, education, public infrastructure, military preparedness, cultural development, and more. It is impossible for these duties to be managed except through a centralized Islamic government.

b. The Defense provisions are only appropriately handled by a government. Its responsibility is to defend Islam and the community. Since in Islam, it is mandatory to prepare for defense even in times of peace. We would need a government to handle such responsibility.

c. The Provisions related to Hudud (Islamic punishments), blood money and penalties. Those provisions can only be implemented by a governmental power. It is the only way to insure that the rules of Allah (SWT) are applied on earth, or else you would be forced to give them up and rule by a man made governmental law. 

Such government would need a ruler who can govern in light of Islam. Therefore, he must know its laws i.e., a Faqih (Jurist), in addition to being qualified politically, economically, administratively and trustworthy in implementing these provisions - meaning, just.

Follow this thought, for if there is a competent Jurist who governs in light of Islam and in observance for the communities interest, the nation must obey him; otherwise the preceding foundations would be meaningless. You cannot have a ruler with no followers. It would be the same as having a President who establishes laws, but the people of his country refuse to obey them. This would simply cause chaos and render his authority and the law meaningless.

Ayatollah Sayyed Khomeini (r) says eloquently:

"It is evident that the necessity of executing the provisions was not specific to the age of the Prophet (SAWAS); the necessity is continuous because Islam is not limited to a time or place, as it is immortal. Therefore, it must be implemented, executed and abided by forever. Moreover, if what is permissible by the Prophet (SAWAS) remains permissible until the day of resurrection and what is forbidden by him remains forbidden until the day of resurrection, the his Hudud (Islamic punishments/limits) must not be suspended, his teachings must not be abandoned, punishments must not be forsaken, financial taxes must not be stopped and defending the Muslim nation and their lands must not be abandoned.."

Source: Hukumat Islamiyah (Islamic Government)

The logical argument (Aqli) Part - 2

The Rational Necessity of Guardianship - Preserving Public Order

The preservation of public order is a foundational need for human society. Allah (SWT), the All-Wise, created mankind for them to reach their perfection, and He sent down the Shariʿah as a means to achieve that perfection in both individual and social dimensions.

But social perfection - the implementation of laws, justice, and divine principles in society - requires something essential: organization.

Without a legitimate authority to organize and enforce the divine system, the community descends into chaos, injustice, and disunity. Hence, the Prophet (SAWAS) was not just a teacher, but also the organizer of the Muslim community - establishing leadership, law, and justice.

This is why one of the many reasons the Shiʿa have always believed in the necessity of an Imam (AS) after the Prophet (SAWAS) - because reason does not accept the abandonment of society without a guide. The absence of an organizer inevitably leads to disorder.

Just as it was impossible for God to abandon society without an organizer after the Prophet, it is likewise impossible for Him to abandon it in the age of occultation. The need for leadership remains.

This leads to the rational conclusion that someone must carry out the role of governance during the ghaybah - NOT by claiming Imamate or infallibility, but by meeting the qualifications that Islam itself has laid down: knowledge of divine law, justice, piety, and competence in leadership.

If Wilayat al-Faqih (The Guardianship of the Jurist) is Self-Evident, then where is this proposition in the words of Shi'i Jurists throughout the ages? 

This is a very valid question which has very easy answers by anyone who has done basic level hawza studies. The following are statements from previous Jurists adopting Wilayat al-Faqih (The Guardianship of the Jurist) over the enactments of the previously discussed provisions. 

A. Over the enactments of Hudud (Religious punishments/limits)

1. Shaykh al-Mufid (413 AH):

“As for the enactment of limitations, it belongs to the sultan of Islam who is denoted by Allah (SWT); and they are the Imams (AS) of guidance from the progeny of Muḥammad (SAWAS) and whomever they have denoted for this purpose from amongst princes and rulers. Moreover, they delegated the investigation to jurists from amongst their followers where possible.”

Sheikh al Mufid (r), al-Muqni'ah, 2nd edition p. 810

2. al-Hilli, ʿAllamah al-Hasan b. Yusuf (726 AH):

After presenting the accepted narration by 'Umar b. Handhala on behalf of Imam al-Saqid (AS):

“In addition to other narrations that imply the permissibility of ruling for jurists, and it is generally thus applicable – for executing limits and other matters.”

“...It has been proven that jurists are the ones who are entitled to rule amongst people; likewise, they are entitled to enact limitations. Moreover, because the suspension of limits during the occultation of the Imam (ATFS) – despite being capable of executing them – causes corruption, it becomes permissible. Moreover, in my opinion, it is quite a strong (proposition).”

al-'Allamah al-Hilli (r), Mukhtalaf al-Shi'a fi Ahkam al-Shari'a, 1st edition, Vol 4, p. 464

al-'Allamah al-Hilli (r), Muntaba al-Talab, Vol 2, p. 995

3. Shahid al-Awwal (The First Martyr, 876 AH):

“He said that limitations and reinforcements belong to the Imam (AS) and his representative, even in general situations. Therefore, during the occultation period, the denoted jurist can - in judicial matters enact (these limitations) where it is possible.”

“This is because the social gathering is one of the necessities of the dutiful, and it causes conflict. Therefore, there must be a firm settler, which is the Shar'iah. Moreover, it must have a governor who is the Imam (AS) and his representatives.”

Shahid al-Awwal, Lectures, 1st Edition, Vol 2, p. 47

B. Over the scope of Public Interests

4. Muhaqqiq al-Karaki (940 AH)

“Our companions (May God be pleased with them) agreed that a just jurist who believes in the Imamate and possesses the conditions that entitle him to establish a legal ruling – who is referred to as a Mujtahid. In establishing legal rulings, the Imams of guidance (AS) assign a representative during the occultation period in all the matters included in the representation.”

Muhaqqiq al-Karaki, al-Rasaʾil, 1st edition, Vol 1, p. 142.

5. Shahid al-Thani (The Second Martyr, 965 AH)

“…the intended meaning behind the term jurist in the sense of guardianship is: he who possesses the conditions that entitle him to establish a legal ruling..., thus he is assigned for the sake of (managing) the general affairs.”

Shahid al-Thani, Masālik al-Afham ila Tanqih Sharaʾiʿ al-Islam

6. Muhaqqiq Naraqi (1245 AH)

“All which the Prophet (SAWAS) and the Imam (AS) – who are the sultans of mankind and of the rites of Islam – had guardianship over, and which belonged to them, is an entitlement of the jurist as well, except that which was excluded by evidence concluded from unanimity or text or otherwise.”

Muhaqqiq Naraqi, Awaʾid al-Ayyam, 1st edition, p. 536

7. Shaykh Muhammad Hasan al-Najafi (1266 AH)

“…nay if it were not for the generalization of guardianship, many affairs related to their followers would be suspended. Therefore, it is strange that some people are perplexed by that. It is as if they had not understood anything from jurisprudence, nor had they comprehended anything from their words and symbols, nor had they reflected upon their purpose behind saying: ‘I have assigned him as a ruler over you,’ and a judge, a proof, a vicegerent and its likes which imply the will to organize the occultation period for their followers… All in all, the issue is evident and needless of proof.”

Shaykh Muhammad Hasan al-Najafi, Jawahir al-Kalam fi Sharh Sharaʾi al-Islam, Vol. 21, p. 397.

8. Ayatollah Muhammad Husayn Naʾini (1315 AH)

“…and by the principles of our creed, whereby we believe that the nation’s affairs and its politics are delegated to the general representatives during the occultation period.”

Ayatollah Naʾini, Tanbih al-Ummah wa Tanzih al-Millah.

9. Shaykh Muhammad Rida al-Muzaffar (1383 AH)

“Our theological belief in the Mujtahid who possesses the required conditions is that he is the representative of the Imam (AS) during the occultation period and the absolute ruler and Chief... nay he has the general guardianship which makes him the reference in matters of government, decision making and judicial ruling... Moreover, anyone is prohibited from executing limits and reinforcements save upon his command and ruling.”

Shaykh Muhammad Rida al-Muzaffar, Aqaʾid al-Imamiyyah, p. 34

What is the Scope of the Jurist’s Guardianship? - Part 1

Ayatollah Sayyed Khomeini (r) clarifies that the scope of the jurist’s guardianship is defined by rational (ʿaqli) evidence, grounded in the interest of the Islamic community. This evidence is substantial (mutaʿabbar), meaning it is not derived from linguistic inclusivity like textual (lafzi) proofs, but from certainty and essential principles. Thus, the jurist’s guardianship is expansive in application, but it remains distinct from the exclusive prerogatives of the Prophet (SAWAS) and the Infallibles (AS).

To illustrate, consider the case of jihAd al-ibtidaʾi (offensive jihad). Based on rational evidence alone, this does not fall under the jurist’s scope. Ayatollah Khomeini (r) affirms this: a jurist does not initiate offensive jihad, because such authority is tied to absolute guardianship and certainty, which belongs only to an Infallible (AS).

However, this limitation exists only under rational proof. If we consider narrative evidence, the case may differ. Ayatollah Khomeini (r) refers to a narration cited by Shaykh al-Ṣaduq from Imam ʿAli (AS):

 "O God, have mercy on my successors... Those who come after me and narrate on my behalf – my words and Sunnah."

Shaykh al-Ṣaduq, Man La Yahduruhu al-Faqih, 2nd Edition, Vol. 4, p. 420.

This implies that the successors (jurists) are entrusted with even critical matters like jihad, since such rulings fall under the broader leadership of the Prophet (SAWAS) and the Imams (AS).

What is the Scope of the Jurist’s Guardianship? - Part 2

What the Jurist’s Guardianship Does Not Include

Ayatollah Khomeini (r) is careful to explain that the jurist's guardianship does not include two critical areas exclusive to the Prophet and Imams:

1. Knowledge-Based Position:

The Prophet (SAWAS) conveys the Shariʿa. The Imams (AS) preserve it infallibly. The jurist, even as a guardian, only exerts effort to derive rulings (ijtihad) and may err without invalidating the legitimacy of his ruling. Thus, the jurist is just (ʿadil), not infallible (maʿsum).

2. Moral-Spiritual Position:

The second is their divine status and ontological proximity to God. The guardianship of the jurist is practical, political, and legal- not metaphysical or prophetic. Ayatollah Khomeini (r) says:

 "And no one should assume that the entitlement of the jurist raises him to the position of prophethood or the position of the Imams."
These positions are not acquired through guardianship or jurisprudence but are bestowed by God based on divine wisdom and creation.

Ayatollah Khomeini, Hukumat al-Islamiyyah

The Sharʿi ruling of the Infallible (AS), is infallible. The ruling of the jurist is just. But the evidence for both roles is the same in kind:

 "That which is proof for the Imamate is, in itself, proof for the necessity of the government after the occultation of the Guardian."
The legitimacy of guardianship remains, even if the capacity is different.

Few widely accepted authentic narrations from the Infallibles (AS) about the subject.

1. Maqbulat ʿUmar ibn Ḥanẓala

Imam Jaʿfar al-Sadiq (AS) was asked about the permissibility of two Shi'as seeking judgment from an illegitimate ruler in a dispute. The Imam (AS) replied:

“They must seek out one of your own who narrates our traditions, is versed in what is permissible and what is forbidden, and is well-acquainted with our laws and ordinances. Accept him as judge and arbiter, for I have appointed him as a ruler over you.”

al-Kafi, Vol 1, Book 2, Chapter 21

2. Mashhurah of Abu Khadijah

Abu Khadijah, one of the trusted companions of Imām aṣ-Ṣādiq (‘a), relates: 

“I was commanded by the Imam (AS) to convey the following message to our friends (i.e., the ShI‘ah): ‘When enmity and dispute arise among you, or you disagree concerning the receipt or payment of a sum of money, be sure not to refer the matter to one of these malefactors for judgment. Designate as judge and arbiter someone from among you who is acquainted with our injunctions concerning what is permitted and what is prohibited, for I appoint such a man as judge over you. Do not submit the complaint you have against one another to the tyrannical ruling power.’ ” 

Wasa’il al-ShI‘ah, vol. 18, p. 100

3. Tawqi‘ al-sharif of Ishaq ibn Ya‘qub

This signed decree is actually a reply to the letter of Ishaq ibn Ya‘qub written by Hadrat Wali al-‘Asr, the Imam of the Age (AS). In the said letter Ishaq ibn Ya‘qub posed questions to the Imam (AS) one of which is: “What do we have to do in case of occurring social problems [al-hawadith al-waqi‘ah] during the period of occultation?” In reply to this question, the Imam (AS) said:

“In case of occurring social problems, refer for guidance to those who relate from us, for they are my argument [hujjah] against you, and I am Allah’s argument against them.”

Ikmal al-din wa Itmam an-Ni‘mah, vol. 1, p. 483

Conclusion

Wilayat al-Faqih is not a break from tradition - it is its extension.
It is not a political invention - it is rooted in the logic, structure, and purpose of Islam itself.
If you want to explore these arguments in depth, the book that revived this discourse is Imam Khomeini’s Hukumat al-Islamiyyah - a foundational text that has shaped Islamic thought in our time.

It has been translated into English and is available in print.
You can find a physical copy here: https://cityofknowledge.ca/products/islamic-government-imam-khomeini

If there is any mistakes in this blog, it is from us and everything correct is from Allah (SWT).

May Allah (SWT) guide us to what is true and just.
And may He hasten the reappearance of the Imam (ATFS).