Grand Ayatollah Shirazi: ruling of qualified Faqih is valid both in matters of adjudication and practical issues
The daily scholarly meeting of Grand Ayatollah Seyyed Sadegh Hosseini Shirazi was held on Wednesday the 6th of Safar.
In this session, like the previous meetings, the Supreme Religious Authority answered the questions of the attendees about various jurisprudence issues.
In this meeting, Grand Ayatollah Shirazi stated that, “According to the opinion of the majority of jurists, the ruling of the Ruler of Sharia and the qualified faqih is valid in all matters, including the practical issue of sighting of the crescent moon.
So, if someone doubts whether the first of the month has been established or not, according to the predominant opinion of Fuqaha, the ruling of the ruler of Sharia is valid, and I also hold this opinion.”
The Marja added that: “According to this jurisprudential theory, the ruling of the ruler of Sharia is not limited to Ahkam, but also applies and is valid in practical issues.
Of course, a group of jurists whose number is not large, especially among the latter figures, believe that the ruling of the Ruler of Sharia is not an authority in matters that are not related to adjudication and are not cases of dispute, such as establishing the sighting of the crescent moon.”
His Eminence further noted that: “issues such as bankruptcy, stupidity, and insanity are also included in this category of ruling, that is if these cases are established by public opinion, then the ruling is clear. However, in cases where the bankruptcy, insanity, or stupidity of a person is not certain, according to the predominant opinion of Fuqaha is that the ruling of the Ruler of Sharia is absolutely valid, both in matters of adjudication and non- adjudication, and so he can also rule whether a person is bankrupt, insane, or stupid or not. Thus, if a qualified faqih says that this person is insane, he will be dealt with as such.”
He went on to say that, “Of course, a few jurists consider the ruling of the Ruler of Sharia to be valid only in adjudication and cases of dispute — for example, when two people have a dispute over the ownership of a house — they believe that only in such a situation the ruling of the qualified faqih is valid.”
In relation to authority over Hisbiya affairs, Grand Ayatollah Shirazi said: “In such a situation, the ruling of the Ruler of the Sharia is necessary, but if there is no access to the Ruler of the Sharia, just believers should be sought, and if there is no access to them, a believing individual must be sought, even if his justice has not been established.”
He added that: “Based on the rule derived from Prophetic word that when a sane person confesses to their own detriment, it is taken as valid, we can conclude that when a sane individual admits to a sin, or debt to another, or bankruptcy, his statement is accepted and the situation is clear. But, if their sanity status is not certain, certain steps are followed; First, the qualified faqih should be sought for ruling, then the Ruler of Sharia, then the just believers, and finally a believing individual, even if his justice has not been established.”
