Transmitted proof of Wilayat al-Faqih - Parts 1&2
During the period of occultation, the Shi‘a of the Imam of the Age (pbuh) must refer to the transmitters of hadith in their matters. It is evident that understanding the words of the Infallibles (pbut) concerning individual and social duties requires a very high level of expertise in the Islamic sciences. Deriving legal rulings from the hadiths of the Imams is a highly complex task.
Narrations (hadiths) provide some of the strongest evidence for the doctrine of Wilayat al-Faqih. Here is an examples:
The Tawqi'(1) of Imam Mahdi (pbuh)
The great Shi’a scholar, Shaykh al-Saduq, may Allah have mercy on him, in his book Kamal al-Din wa Tamam al-Niʿmah, transmits the letter of Ishaq ibn Yaʿqub to Imam Mahdi (pbuh), in which he posed several questions.
Imam replied:
«...وَأَمَّا الحَوادِثُ الواقِعَةُ فَارْجِعُوا فِيهَا إِلَى رُوَاةِ حَدِيثِنَا؛ فَإِنَّهُمْ حُجَّتِي عَلَيْكُمْ، وَأَنَا حُجَّةُ اللهِ عَلَيْهِمْ.»
“...As for the newly occurring matters, refer to the transmitters of our hadiths, for they are my proof over you, and I am the proof of Allah over them.”
(Kamāl al-Dīn wa Tamām al-Niʿmah, vol. 2, p. 484)
In the first part of this Tawqiʿ, the Imam instructs the Shiʿa during the period of occultation to turn to the transmitters of the hadiths of the Ahlul-Bayt (pbuh), and to seek guidance from them regarding emerging issues.
Here we must reflect: Who are these “transmitters of our hadiths”? And what is meant by “newly occurring matters"?
The word “حوادث”(hawadith) is the plural of “حادثه” (haditha, i.e. event). Since the Imam says, “in the events that occur, refer to the transmitters of our hadiths,” it becomes clear that what is meant are issues that pertain to the religion and religious life of the Muslims—matters in which the transmitters of hadith must clarify the duty of the believers.
Now the question arises: Is the Imam speaking about individual issues (such as prayer, fasting, zakat, etc.)—the kind of rulings collected in Risalah ʿAmaliyya manuals—or about social issues such as jihad against unbelievers, defense against foreign aggression, political, economic, and cultural relations with other states, and so forth?
It is unlikely that the Imam’s intent in saying “newly occurring matters” was individual matters such as prayer and fasting. Referring to scholars on such matters was common even during the lifetime of the Imams themselves. Because of distance or restrictions on access to the Imams, the Shiʿa would turn to their deputies.
This much was obvious: whenever direct access to the Imam was not possible—whether the Imam was physically present or in occultation—the Shiʿa were to refer to scholars who were well-versed in the Qur’an and hadiths.
Thus, the meaning of “newly occurring matters” is the social affairs of the Muslims, and this meaning is fully consistent with the natural sense of the term “حوادث”(hawadith).
Who are the Transmitters of the Imams hadiths?
According to the Tawqiʿ, the Shiʿa must turn in the time of occultation to the transmitters of the hadiths of the Imams. Clearly, understanding the words of the Infallibles (pbut) regarding both individual and social duties requires high-level expertise in Islamic sciences. Deriving rulings from the hadiths of the Imams is a highly complex task.
For this reason, from early times the Shiʿa have turned to true scholars of Islam for this purpose.
Therefore, the “transmitter of hadith” is not merely someone who can recite or pass on a narration. Rather, it is one who:
- Has comprehensive familiarity with the sources of hadith, distinguishing authentic reports from weak ones.
- Understands the full scope of the Imams’ words and possesses the methodological tools to derive rulings correctly.
By the consensus of Muslims, such qualifications are found only in the jurists (fuqaha) —those who can extract divine rulings from the Qur’an and the sayings of the Infallibles, in all matters both individual and social, and present these rulings to the Shiʿa.
This interpretation aligns with the continuation of the hadith: «فَإِنَّهُمْ حُجَّتِي عَلَيْكُمْ»—“for they are my proof over you.” The authority of the transmitters must be followed in cases where their commands and judgments are valid for others. If the Imam had intended only the words of the Infallibles themselves, he would have said: “Our hadiths are the proof.” By saying “they (the transmitters) are my proof,” however, the Imam affirms their authoritative role in deriving and conveying the rulings.
On this point, the great Shiʿa jurist Shaykh al-Ansari, may Allah have mercy on him, makes an illuminating remark:
“What is apparent from the Imam’s wording is that the intent of “حوادث”(hawadith) is all those matters in which, by custom, reason, and Shariʿa, one must turn to the leader of the community. It is very unlikely that hawadith would be restricted only to matters of ritual law.”
(al-Makasib al-Muharramah, vol. 3, p. 554)
This discussion continues…
Adapted from “Negine Afarinesh" [The Jewel of Creation] with slight modifications.
Note:
1.Tawqiʿ is a term commonly used for the written communications of Imam Mahdi (pbuh). These were answers to the questions of the Shiʿa, delivered to them through the Four Deputies (nawwab al-arbaʿa).
Transmitted proof of Wilayat al-Faqih -Part 2
One of the hadiths that jurists have cited to prove the Wilayat al-Faqih is a hadith narrated by Umar ibn Hanzalah.
Hawzah News Agency- One of the most important proofs for Wilayat al-Faqih (Guardianship of the Jurist), as mentioned before, comes from the hadiths. In the previous issue, we referred to the Tawqīʿ of Imam Mahdi(pbuh). In this issue, we consider another narrated hadith.
The Maqbulah of ʿUmar ibn Ḥanzalah(1)
Among the hadiths cited by jurists to prove the Wilayat al-Faqih is one narrated by ʿUmar ibn Ḥanzalah. He said:
I asked Imam Sadiq (pbuh):
“When two Shiʿa dispute over debt or inheritance, is it permissible for them to bring their case before the unjust ruler (sultan) or a judge appointed by him?”
The Imam replied:
Whoever brings a dispute to them—whether rightly or wrongly—has in fact submitted to the tyrant (taghut). Even if he is given what is rightfully his, he only acquires it unlawfully, because he took it by the judgment of the tyrant, which God has forbidden obeying. As Allah (swt) says:
«يُرِيدُونَ أَنْ يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَنْ يَكْفُرُوا بِهِ»
They want to judge by the tyrant, even though they were commanded to disbelieve in him.(al-Nisa/60)
[When I saw that the Imam condemned and prohibited the Shi‘a from referring to the tyrant ruler and his judge with such severity] I asked: “Then what should the Shi‘a do in such cases?”
Then the Imam continued:
«یَنْظُرَانِ إِلَی مَنْ کَانَ مِنْکُمْ مِمَّنْ قَدْ رَوَی حَدِیثَنَا وَ نَظَرَ فِی حَلَالِنَا وَ حَرَامِنَا وَ عَرَفَ أَحْکَامَنَا فَلْیَرْضَوْا بِهِ حَکَماً فَإِنِّی قَدْ جَعَلْتُهُ عَلَیْکُمْ حَاکِماً فَإِذَا حَکَمَ بِحُکْمِنَا فَلَمْ یَقْبَلْهُ مِنْهُ فَإِنَّمَا اسْتَخَفَّ بِحُکْمِ اللَّهِ وَ عَلَیْنَا رَدَّ وَ الرَّادُّ عَلَیْنَا الرَّادُّ عَلَی اللَّهِ وَ هُوَ عَلَی حَدِّ الشِّرْکِ بِاللَّهِ.»
[When two Shiʿa are in dispute], they should choose as their arbitrator one among you who transmits our hadiths, studies our lawful (halal) and forbidden (haram) matters, and knows our rulings. Accept him as your judge, for I have appointed him over you. If anyone rejects his judgment, they have belittled the command of Allah and disregarded our guidance. Whoever rejects us has in fact rejected Allah, and this act is on the level of associating partners with Allah (shirk).
(Al-Kafi, Vol. 1, p. 67)
Key Points from This Noble Hadith
- Disputes must not be referred to an unjust ruler or his appointed judge, as the Qur’an and hadiths forbid it.
- Imam Sadiq (pbuh) instructs that in such matters, believers should refer to a transmitter of the Imams’ hadiths—someone fully familiar with the lawful and forbidden and knowledgeable of the Imams’ rulings. Clearly, only a qualified jurist (faqih) possesses this complete understanding.
- The question in the report concerns a dispute between two parties, but the Imam issues a general and comprehensive law:
“I have appointed him as judge over you.”
Here, the jurist is introduced as a governing authority over the Shiʿa—a person who reigns over others, is their guardian, and manages their affairs.
- The Imam further explains that once such a jurist rules, the people must accept it, and rejecting his ruling is equivalent to rejecting the Imam’s command, which in turn is equivalent to rejecting Allah. This establishes the jurist as the authority in all rulings—individual, social, judicial, and non-judicial.
Scholarly Endorsements
The eminent Shiʿa jurist, Muhammad Hasan Najafi, known as Sahib al-Jawahir (d. 1266 AH)(2), states:
“The general appointment of jurists applies to all matters; whatever the Imam has authority over, the jurist also has authority. This is in accordance with the Imam’s statement: ‘I have appointed him over you’. Jurists thus exercise jurisdiction in rulings, governance, and related authority, as is indicated in the Tawqiʿ of Imam Mahdi: ‘They are my proof over you’—meaning that the jurists are proof against you in everything that I am proof of, except where there is evidence to the contrary.”
(Jawahir al-Kalam, vol. 21, pp. 396–397)
The great Shiʿa scholar Shaykh al-Ansari (d. 1281 AH) adds:
“From the term “حاکم” (haakim) in ʿUmar ibn Ḥanzalah’s narration, we understand it to mean absolute authority. Just as the Imam said: ‘I have appointed this person as your governor,’It is similar to the expression that a ruler says: ‘I have appointed so-and-so as your governor.’ From this expression, it is understood that the ruler has given that person authority over all general and specific matters of the citizens that relate to governance.”
(Qadhaʾ wa Shahadah, p. 8–9)
Conclusion
From this report, it is clear that the jurist derives his authority from the infallible Imam, as both the Tawqiʿ of Imam Mahdi and ʿUmar ibn Ḥanzalah’s narration show. The Imam appoints the jurist as proof (hujjah) and ruler over the people. Hence, the jurist possesses authority (wilayah) through the Imam’s appointment.
Indeed, the acceptance and practical implementation of this authority depend on the people’s recognition and consent to the jurist’s rule.
This discussion continues…
Adapted from “Negine Afarinesh" [The Jewel of Creation] with slight modifications.
Notes:
- ʿUmar ibn Ḥanzalah was a companion of Imam Baqir and Imam Sadiq (pbut) and a renowned transmitter of hadith, cited by major companions such as Zurarah, Hisham ibn Salim, and Safwan ibn Yahya. The term “maqbulah" refers to a narration widely accepted by scholars.
- Muhammad Hasan Najafi, known as Sahib al-Jawahir (d. 1266 AH), the illustrious jurist, authored the monumental 43-volume collection of jurisprudence named Jawahir al-Kalam, a standard reference for Shiʿa scholars for generations.
Source: http: en.hawzahnews.com
