Our marajae taqleed have wilayat over us and for that matter any marja is the Wali Faqih of his Muqallid. If you are doing taqleed of Ay Sistani he is your Wali Faqih and if you doing taqleed of Ay Khamenai he is your Wali Faqih and so on. There have been difference of opinion amongst the Marajae and Fuqaha with regard to the extent of the power of the Faqih
Two types of Wilayat al Faqih have been defined by the scholars
a) Wilayat Al faqih al hisbiya
Every marja' believes in "wilayat al faqih al hisbiya" which allows that certain marja' (faqih) to issue fatawa to guide the ummah, judge, collect khums etc on behalf of the Imam until his reappearance. It also involve such powers as the authority to take into custody the property of individuals who are incapable of managing and safeguarding their assets such as minors, people with mental conditions, or those who are absent. Other examples are the authority over property as laqit (property found), the awqaf (endowments) and wa sa’ ya’ (bequests) without trustees. The authority to arrange the funeral of those who die without an heir; the authority and duty to make reluctant individuals yield to other people's legitimate claims; and such other cases and instances, which are abundant in Islamic jurisprudence. All these instances posit a relatively extensive authority for the faqih.
Apart from the above power Ay Khomeini and Ay Khamenai are of the opinion that a Wali Faqih also has -
b) Wilayat al faqih al mutlaqa
The second level of the domain of the Wilayat of the Faqih, scholar of Fiqh, is far more extensive and universal. It involves the establishment and organization of an Islamic State and government to administer the Muslim community or a society including Muslims and non-Muslims, undertaking all the duties of the functions of the State and guardianship of a society, with a population exceeding tens of millions of individuals as members. The Authority or the Wilayat of the faqih of this level is to exercise control over the lives and the property of the members of society in all essential aspects of social life. This takes place through the establishment and organization of a State to meet the present and future needs of the society. Of such needs are the cultural, political, judicial, military and other such needs that according to the society's changing conditions and transitions in national and international relations may arise. The appointment and dismissal of the Friday-prayer leaders, the enforcement of al-'amr bil-Ma'ruf wa al-Nahy 'an al-Munkar at the highest level, and other such issues may also fall within the scope of such authority. (Wilayat al-Faqih of Ayatollah 'Ali Mishkini The author presently heads the existing Experts' Assembly (Majlis-e Khubregan) – the body which appoints Wali Faqih)
We find in history that Shaikh Murtuza Ansari and Ayatullah Khui had contested this idea of Wilayat al Mutlaqa propounded by Ayatullah Naraqi and Ayatullah Khomeini respectively. WeI will not go into those details since is it is beyond the scope of my question.
Ayatullah Ali Miskini who is amongts the Majlis-e-Khubregan (the body which appoints Wali Faqih) has listed the duties of Wali Faqih al mutlaqa as mentioned in the constitution of Iran.
The appointment of Friday-prayer leaders
Implementation of Hudud and Tazirat
Exercising control over the persons and properties of the disabled, the minors, people with mental conditions and the absent
Performing the higher degrees of al-'amr bil-Maruf wa al-Nahy 'an al-Munkar
Exercising control over the Anfal
Control over Khums (20 percent tax)
Control over conquered lands
The collection of taxes in addition to those established by the Shari'ah
The collection of the Jizyah from those to who it applies
Appointing trustees for endowments and donated properties
Appointing trustees for properties left by their owners for public use (wasaya )
The collection of Zakat and appointment of personnel for its collection
Making arrangements for the funeral of individuals who die without a heir
Prevention of hoarding and setting prices for commodities
The utilization of found properties (Iuqatah)
Issuing the verdict of bankruptcy for the bankrupt which suspends his authority over his own assets
Divorcing the wife of a lost or one with mental conditions
Hearing the pronouncement of li'an in cases of Mula'anah
Issuing a decree about sighting of the new moon and the beginning of a-month, in cases of doubts.
Keeping the above in mind - Practically speaking Ayatullah Khamenai has Wilayat al Mutlaqa only in Iran since he can perform these duties only in Iran and as far as Indians and other nationals are concerned he can perform the duty as Wilayat Al faqih al hisbiya only.
And Ay Sistani has only Wilayat Al faqih al hisbiya over all his muqallid irrespective of nationality.
My observation is that The difference amongst the marajae with regards to the extent of Wilayat Faqih does not affect Indians at all so :
a) why are some people trying to create discord and hatred amongst shias in the name of Wilayat Faqih - sometimes even cursing each other's marja ?
b) why are some people trying to introduce Wilayat al Fuqaha al Mutlaqa in India when it is not applicable in india ?
c) why are some people hiding the fact that all marja are Wali Faqih and this title is not limited to Ay Khamenai ?
Written by Mohammed
We are group of Shia students whose aim is to make reach the fact about real islam and answer the doubts raised against shiaism in mondern days.
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