Document Type : Original Article

Authors

• Saeed Abdollahyar ¹
• Alireza Masihpoor ²

¹ Department of law, Payame Noor University, PO Box 19395-3697Tehran, I.R of Iran

² MA in the field of law

Abstract

Several theories have been purposed regarding type and quality of government and politics in the history of Islamic jurisprudence and political doctrines. Theories of jurist absolute mandate (or jurist general authority) and proxy of jurist (the prudent authority) are some of these doctrines. Theory of jurist absolute mandate as the concept of authority over leadership in Muslim community has been confirmed by majority of Islamic jurisprudents from the beginning while doctrine of jurist’s proxy has a short history and it has been posited by some researchers at present time. With comparing these two doctrines, it may be implied that in theory of jurist absolute mandate, immediate divine legality and God’s governance right have caused people to play the role at phase of realization of the government. But they play essential and determinant role at the stage of enforcement of power and governance. In contrast, public legitimacy and right governance over people is the main basis for theory of jurist’s proxy. Given that in this theory since people are joint owners of their land and living place thus they assign right of governance of their land through proxyship to another person or group in order to manage the aforesaid living settlement for symbiosis and peaceful well-being of citizens. Therefore, according to this doctrine, one could assume an original and essential role for the people both at phase of creating the government and at the stage of power enforcement.

Keywords

• Jurist Absolute Mandate
• Proxy of Jurist
• Power Enforcement
• Government