Page 47 - Pure Life 35
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46 / International Multi. J. of PURE LIFE. 10(35), Summer. 2023
said that choosing or Since the multiplicity of
discovering the guardian of a government and sovereignty
jurist, discovering- not choosing- is impossible and causes
is basically a matter with divine chaos; Therefore, one of the
legitimacy that cannot be jurisprudents of Jami al-Sharai't
achieved by the direct choice or several jurists should be in
of the people. (Badra, 2017: 157) charge of the affairs of the
Some others, in order to province from among the
explain the divine and popular existing jurisprudents of Jami
legitimacy of the rulership, al-Sharai't; But which jurist or
have made a difference jurists should take over this
between the legitimacy of the important matter, here it is the
office and the legitimacy of turn of the people to bring the
the appointed person and the guardianship of the jurist to
ruler, the first one is divine the actual guardianship.
and the second one is popular. By their own choice, the
(Hosseini Ha'iri, 2012: 171) people have determined the
Absence is introduced as ruling authority in the person
the imam's deputy, it does not of the chosen jurist and they
specify a specific person; But make it fall from other
it expresses the same jurisprudents, For this reason,
characteristics for the title of a distinction should be made
scholar and jurist, so any between the legitimacy of the
jurist who has these qualities legal personality of the ruler
crystallized in his existence, and the legitimacy of the true
he will be the imam's deputy personality of the ruler, and it
and the ruler of Sharia. is said that the legitimacy of
