Political Wilayah between Divine Investiture and Human Election: A Comparative Study

Abstract

This study seeks to ascertain the possibility of deriving, through juristic analysis, the Sunni fiqh perspective on political wilayah-its locus and the party entitled to its conferral-and to assess the extent of its coherence with the theoretical premises of Imami jurisprudence concerning the nature of the political authority vested in the jurist (al-faqih). The inquiry therefore concentrates on the foundational bases, legitimacy, and qualifications of the ruler, posing the question: Does Sunni fiqh articulate a juristic conception of the Islamic ruler comparable to that formulated in Imami legal thought? Employing a comparative method in examining the evidentiary texts and analyzing the doctrinal underpinnings of both traditions, the study concludes that wilayah in Imami jurisprudence rests upon divine designation (al-nasb al-ilahi) and delegated authority (al-niyabah), whereas in Sunni legal theory it is grounded in consultation (al-shura) and the pledge of allegiance (al-bay'ah). In Imami doctrine, knowledge, justice, and ijtihad constitute conditions of validity (shurut al-sihhah), while in the majority of Sunni schools they are regarded as conditions of perfection (shurut al-kamal). Hence, the Imamiyyah stipulate juristic qualification as a requirement for rulership, whereas most Sunnis do not, although certain leading Sunni authorities have advanced positions approximating the substance of wilayah, albeit under a different designation.

DOI: https://doi.org/10.54633/2333-024-057-014