The Theory of the Ummah's Guardianship over Itself - Revision history

Sarfipour at 15:35, 12 March 2026

2026-03-12T15:35:16Z

← Older revision		Revision as of 15:35, 12 March 2026
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	===Ijtihad in the The unlegislated zone===		===Ijtihad in the The unlegislated zone===
	The most important source used by Shams al-Din for theorizing about the form of government is ijtihad in the legislative The unlegislated zone, which he does by using the [[The unlegislated zone\|theory of the The unlegislated zone]] by his teacher [[Sayyid Muhammad Baqir ~~al-Sadr\|Mohammad Baqir al-~~Sadr]].<ref>Sadr, Our Economy, vol. 2, pp. 41-43</ref> By expanding the theory of the The unlegislated zone to all areas of social life, he provides a jurisprudential mechanism for theorizing about how to lead society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref> Shams al-Din initially divides the rulings of the Sharia into two parts: fixed and variable. He considers the fixed divine rulings to belong to the system of worship, the family system, sexual issues, and some of the rulings of transactions and believes that for other than the mentioned cases, including issues related to the political system and the state, there are no fixed rulings in the Sharia;<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> therefore, what is related to the political system and the state, including social, economic, and political relations and foreign relations, are variable and time-bound rulings that, although discussed under the title of justifications in jurisprudence, are not within the fixed religious rulings.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", pp. 106-107.</ref> According to this basis, Shams al-Din believes that since we have no text in religious texts about the form of government in the era of occultation; this issue falls within the scope of the legislative The unlegislated zone, the determination of which has been delegated to the society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref>		The most important source used by Shams al-Din for theorizing about the form of government is ijtihad in the legislative The unlegislated zone, which he does by using the [[The unlegislated zone\|theory of the The unlegislated zone]] by his teacher [[Sayyid Muhammad Baqir Sadr]].<ref>Sadr, Our Economy, vol. 2, pp. 41-43</ref> By expanding the theory of the The unlegislated zone to all areas of social life, he provides a jurisprudential mechanism for theorizing about how to lead society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref> Shams al-Din initially divides the rulings of the Sharia into two parts: fixed and variable. He considers the fixed divine rulings to belong to the system of worship, the family system, sexual issues, and some of the rulings of transactions and believes that for other than the mentioned cases, including issues related to the political system and the state, there are no fixed rulings in the Sharia;<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> therefore, what is related to the political system and the state, including social, economic, and political relations and foreign relations, are variable and time-bound rulings that, although discussed under the title of justifications in jurisprudence, are not within the fixed religious rulings.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", pp. 106-107.</ref> According to this basis, Shams al-Din believes that since we have no text in religious texts about the form of government in the era of occultation; this issue falls within the scope of the legislative The unlegislated zone, the determination of which has been delegated to the society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref>

	===Social Realities===		===Social Realities===

Sarfipour: /* Ijtihad in the The unlegislated zone */

2026-03-06T14:59:06Z

Ijtihad in the The unlegislated zone

← Older revision		Revision as of 14:59, 6 March 2026
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	===Ijtihad in the The unlegislated zone===		===Ijtihad in the The unlegislated zone===
	The most important source used by Shams al-Din for theorizing about the form of government is ijtihad in the legislative The unlegislated zone, which he does by using the [[~~Mintaqat al-Faragh~~\|theory of the The unlegislated zone]] by his teacher [[Sayyid Muhammad Baqir al-Sadr\|Mohammad Baqir al-Sadr]].<ref>Sadr, Our Economy, vol. 2, pp. 41-43</ref> By expanding the theory of the The unlegislated zone to all areas of social life, he provides a jurisprudential mechanism for theorizing about how to lead society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref> Shams al-Din initially divides the rulings of the Sharia into two parts: fixed and variable. He considers the fixed divine rulings to belong to the system of worship, the family system, sexual issues, and some of the rulings of transactions and believes that for other than the mentioned cases, including issues related to the political system and the state, there are no fixed rulings in the Sharia;<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> therefore, what is related to the political system and the state, including social, economic, and political relations and foreign relations, are variable and time-bound rulings that, although discussed under the title of justifications in jurisprudence, are not within the fixed religious rulings.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", pp. 106-107.</ref> According to this basis, Shams al-Din believes that since we have no text in religious texts about the form of government in the era of occultation; this issue falls within the scope of the legislative The unlegislated zone, the determination of which has been delegated to the society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref>		The most important source used by Shams al-Din for theorizing about the form of government is ijtihad in the legislative The unlegislated zone, which he does by using the [[The unlegislated zone\|theory of the The unlegislated zone]] by his teacher [[Sayyid Muhammad Baqir al-Sadr\|Mohammad Baqir al-Sadr]].<ref>Sadr, Our Economy, vol. 2, pp. 41-43</ref> By expanding the theory of the The unlegislated zone to all areas of social life, he provides a jurisprudential mechanism for theorizing about how to lead society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref> Shams al-Din initially divides the rulings of the Sharia into two parts: fixed and variable. He considers the fixed divine rulings to belong to the system of worship, the family system, sexual issues, and some of the rulings of transactions and believes that for other than the mentioned cases, including issues related to the political system and the state, there are no fixed rulings in the Sharia;<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> therefore, what is related to the political system and the state, including social, economic, and political relations and foreign relations, are variable and time-bound rulings that, although discussed under the title of justifications in jurisprudence, are not within the fixed religious rulings.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", pp. 106-107.</ref> According to this basis, Shams al-Din believes that since we have no text in religious texts about the form of government in the era of occultation; this issue falls within the scope of the legislative The unlegislated zone, the determination of which has been delegated to the society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref>

	===Social Realities===		===Social Realities===

Sarfipour: /* Explanation of the Theory */

2026-03-06T14:58:15Z

Explanation of the Theory

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	* '''The Parliament'''		* '''The Parliament'''

	In Shams al-Din's thought, the [[Place of the Shura in Government\|Shura]] has a special place, and on this basis, the Islamic system of government in the era of occultation is similar to the [[Presidential Parliamentary System]] in his view, of which the Shura Council will be one of the pillars.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 126.</ref> In Shams al-Din's thought, the representatives of the parliament have the power of legislation and [[Customary Legislation]] in the [[~~Mintaqat al-Faragh\|~~The unlegislated zone]] that is related to the issues of relations between human beings with each other and regulatory measures in society.<ref>Shams al-Din, Ijtihad and Renewal in Islamic Jurisprudence, p. 116.</ref>		In Shams al-Din's thought, the [[Place of the Shura in Government\|Shura]] has a special place, and on this basis, the Islamic system of government in the era of occultation is similar to the [[Presidential Parliamentary System]] in his view, of which the Shura Council will be one of the pillars.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 126.</ref> In Shams al-Din's thought, the representatives of the parliament have the power of legislation and [[Customary Legislation]] in the [[The unlegislated zone]] that is related to the issues of relations between human beings with each other and regulatory measures in society.<ref>Shams al-Din, Ijtihad and Renewal in Islamic Jurisprudence, p. 116.</ref>

	==Sources of the Theory==		==Sources of the Theory==

Sarfipour: /* A Theory for the Compatibility of Sharia and Democracy */

2026-03-06T14:24:57Z

A Theory for the Compatibility of Sharia and Democracy

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	The theory of the Ummah's guardianship over itself is one of the theories discussed about how to form a state in Shia jurisprudence, which [[Mohammad Mahdi Shams al-Din]], a Lebanese Shia jurist, is the originator of.<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> In some of his works, including in the [[Book of the System of Governance and Administration in Islam]] and the [[Book on Islamic Political Society]], he presents points about how the state is formed in Shia jurisprudence and then promises to present this theory in the future<ref>Shams al-Din, System of Governance and Administration in Islam, pp. 482-483; Shams al-Din, On Islamic Political Society, pp. 95-97.</ref> and claims that no one has presented such a theory before him.<ref>Fayyad, Theories of Power in Contemporary Shia Political Thought, p. 276.</ref> It has been said that Shams al-Din's goal in presenting this theory was to eliminate the constant struggle between [[democracy]] and Sharia and that the law of Sharia should be able to adapt itself to the requirements of the time.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", p. 106.</ref> The compilation of this theory by Shams al-Din has also been considered a response to the internal conflicts in Lebanon, which he intended to create reconciliation between the parties involved by presenting this theory.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 35.</ref>		The theory of the Ummah's guardianship over itself is one of the theories discussed about how to form a state in Shia jurisprudence, which [[Mohammad Mahdi Shams al-Din]], a Lebanese Shia jurist, is the originator of.<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> In some of his works, including in the [[Book of the System of Governance and Administration in Islam]] and the [[Book on Islamic Political Society]], he presents points about how the state is formed in Shia jurisprudence and then promises to present this theory in the future<ref>Shams al-Din, System of Governance and Administration in Islam, pp. 482-483; Shams al-Din, On Islamic Political Society, pp. 95-97.</ref> and claims that no one has presented such a theory before him.<ref>Fayyad, Theories of Power in Contemporary Shia Political Thought, p. 276.</ref> It has been said that Shams al-Din's goal in presenting this theory was to eliminate the constant struggle between [[democracy]] and Sharia and that the law of Sharia should be able to adapt itself to the requirements of the time.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", p. 106.</ref> The compilation of this theory by Shams al-Din has also been considered a response to the internal conflicts in Lebanon, which he intended to create reconciliation between the parties involved by presenting this theory.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 35.</ref>

	In his last book, entitled [[Wilayat al-Ummah Ala Nafsiha]], Shams al-Din, as he had promised in his previous writings to present the theory of wilayat al-Ummah in an independent book, lays the foundations for the elements of this theory. This book was published years after his death in 2019 AD.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 42.</ref> In this theory, with a jurisprudential approach, he has been seeking to prove the political wilayat of the Ummah over itself in the face of the [[Theory of Wilayat al-Faqih]].<ref>Shams al-Din, Lebanon al-Kiyan wa al-Ma'ni, p. 150; Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 41 and 95.</ref> The presentation of the theory of the Ummah's wilayat is the result of the transformation of Shams al-Din's thought from complete opposition to democracy in the first edition of the book System of Governance and Administration to the full recognition of democracy based on the Shura in the book Wilayat al-Ummah Ala Nafsiha.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 43-57.</ref> This fundamental transformation in Shams al-Din's thought is the result of living in two different intellectual and cultural spaces in the two countries of Iraq and Lebanon<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 61-70.</ref> and also under the influence of the [[Tanbih al-Ummah wa Tanzih al-Millah (Book)\|Book Tanbih al-Ummah]] by [[Mohammad Hossein Gharavi ~~Na'ini\|Mirza~~ Na'ini]]<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 58-60.</ref> and the re-reading of the Covenant of Medina.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 70-71.</ref>		In his last book, entitled [[Wilayat al-Ummah Ala Nafsiha]], Shams al-Din, as he had promised in his previous writings to present the theory of wilayat al-Ummah in an independent book, lays the foundations for the elements of this theory. This book was published years after his death in 2019 AD.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 42.</ref> In this theory, with a jurisprudential approach, he has been seeking to prove the political wilayat of the Ummah over itself in the face of the [[Theory of Wilayat al-Faqih]].<ref>Shams al-Din, Lebanon al-Kiyan wa al-Ma'ni, p. 150; Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 41 and 95.</ref> The presentation of the theory of the Ummah's wilayat is the result of the transformation of Shams al-Din's thought from complete opposition to democracy in the first edition of the book System of Governance and Administration to the full recognition of democracy based on the Shura in the book Wilayat al-Ummah Ala Nafsiha.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 43-57.</ref> This fundamental transformation in Shams al-Din's thought is the result of living in two different intellectual and cultural spaces in the two countries of Iraq and Lebanon<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 61-70.</ref> and also under the influence of the [[Tanbih al-Ummah wa Tanzih al-Millah (Book)\|Book Tanbih al-Ummah]] by [[Mirza Mohammad-Hossein Gharavi Na'ini]]<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 58-60.</ref> and the re-reading of the Covenant of Medina.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 70-71.</ref>

	According to [[Majid Moradi]], the author of the [[Book Political Thought of Mohammad Mahdi Shams al-Din]], the theory of the Ummah's guardianship over itself is a foundational theory that is separate from other political theories in Islamic thought and has a completely democratic structure<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 117.</ref> and seeks to recognize full rights for citizens subject to a government, regardless of religious, ethnic, and racial distinctions. According to him, this theory provides a high capacity for [[religious democracy]]; because it does not ignore the element of the people, nor the element of religion, and while it considers the wilayat to belong to the Ummah, it reserves a kind of supervision for the faqih in the form of [[Judicial Wilayat]].<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 14.</ref> He also believes that in Shams al-Din's thought, a democratic government is the desired Islamic government; although he does not call it democratic and uses a term derived from the text, namely wilayat, to support his theory.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 96.</ref>		According to [[Majid Moradi]], the author of the [[Book Political Thought of Mohammad Mahdi Shams al-Din]], the theory of the Ummah's guardianship over itself is a foundational theory that is separate from other political theories in Islamic thought and has a completely democratic structure<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 117.</ref> and seeks to recognize full rights for citizens subject to a government, regardless of religious, ethnic, and racial distinctions. According to him, this theory provides a high capacity for [[religious democracy]]; because it does not ignore the element of the people, nor the element of religion, and while it considers the wilayat to belong to the Ummah, it reserves a kind of supervision for the faqih in the form of [[Judicial Wilayat]].<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 14.</ref> He also believes that in Shams al-Din's thought, a democratic government is the desired Islamic government; although he does not call it democratic and uses a term derived from the text, namely wilayat, to support his theory.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 96.</ref>

Sarfipour at 14:23, 6 March 2026

2026-03-06T14:23:09Z

← Older revision		Revision as of 14:23, 6 March 2026
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	After proving the necessity of forming a government in Islamic teachings, Shams al-Din considers the desired type of government not to be a wilai government (wilayat al-faqih), but rather a government with the least amount of dominance and influence, which will be possible in the theory of the Ummah's guardianship over itself. The main elements of this theory are: the Ummah (people), the Imarah (executive branch), the parliament, and the judiciary.		After proving the necessity of forming a government in Islamic teachings, Shams al-Din considers the desired type of government not to be a wilai government (wilayat al-faqih), but rather a government with the least amount of dominance and influence, which will be possible in the theory of the Ummah's guardianship over itself. The main elements of this theory are: the Ummah (people), the Imarah (executive branch), the parliament, and the judiciary.

	In addition to the traditional sources of Shia jurisprudence, Shams al-Din believes in ijtihad in the [[~~Mintaqat al-Faragh\|~~The unlegislated zone]] based on social realities and [[Maqasid al-Shari'a]]. Relying on numerous jurisprudential and theological foundations such as the [[Principle of Non-Guardianship]], the flexibility of rulings related to non-worship matters, [[Separation between Legislative and Administrative Rulings]], the secular nature of power, and the [[Place of the Shura in Government\|necessity of the Shura]], he has organized the theory of the Ummah's guardianship.		In addition to the traditional sources of Shia jurisprudence, Shams al-Din believes in ijtihad in the [[The unlegislated zone]] based on social realities and [[Maqasid al-Shari'a]]. Relying on numerous jurisprudential and theological foundations such as the [[Principle of Non-Guardianship]], the flexibility of rulings related to non-worship matters, [[Separation between Legislative and Administrative Rulings]], the secular nature of power, and the [[Place of the Shura in Government\|necessity of the Shura]], he has organized the theory of the Ummah's guardianship.

	The theory of the Ummah's guardianship has been criticized by some researchers, and it has been said that everything that Shams al-Din claims to have taken from the faqih and given to the Ummah, he entrusts to the faqih all at once in the matter of the judiciary; because according to this theory, the supreme ruler is the Chief Justice, and the judge must be a faqih; therefore, the Ummah's options for the head of political wilayat will be limited to the fuqaha.		The theory of the Ummah's guardianship has been criticized by some researchers, and it has been said that everything that Shams al-Din claims to have taken from the faqih and given to the Ummah, he entrusts to the faqih all at once in the matter of the judiciary; because according to this theory, the supreme ruler is the Chief Justice, and the judge must be a faqih; therefore, the Ummah's options for the head of political wilayat will be limited to the fuqaha.

Sarfipour at 14:22, 6 March 2026

2026-03-06T14:22:57Z

← Older revision		Revision as of 14:22, 6 March 2026
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	After proving the necessity of forming a government in Islamic teachings, Shams al-Din considers the desired type of government not to be a wilai government (wilayat al-faqih), but rather a government with the least amount of dominance and influence, which will be possible in the theory of the Ummah's guardianship over itself. The main elements of this theory are: the Ummah (people), the Imarah (executive branch), the parliament, and the judiciary.		After proving the necessity of forming a government in Islamic teachings, Shams al-Din considers the desired type of government not to be a wilai government (wilayat al-faqih), but rather a government with the least amount of dominance and influence, which will be possible in the theory of the Ummah's guardianship over itself. The main elements of this theory are: the Ummah (people), the Imarah (executive branch), the parliament, and the judiciary.

	In addition to the traditional sources of Shia jurisprudence, Shams al-Din believes in ijtihad in the [[Mintaqat al-Faragh]] based on social realities and [[Maqasid al-Shari'a]]. Relying on numerous jurisprudential and theological foundations such as the [[Principle of Non-Guardianship]], the flexibility of rulings related to non-worship matters, [[Separation between Legislative and Administrative Rulings]], the secular nature of power, and the [[Place of the Shura in Government\|necessity of the Shura]], he has organized the theory of the Ummah's guardianship.		In addition to the traditional sources of Shia jurisprudence, Shams al-Din believes in ijtihad in the [[Mintaqat al-Faragh\|The unlegislated zone]] based on social realities and [[Maqasid al-Shari'a]]. Relying on numerous jurisprudential and theological foundations such as the [[Principle of Non-Guardianship]], the flexibility of rulings related to non-worship matters, [[Separation between Legislative and Administrative Rulings]], the secular nature of power, and the [[Place of the Shura in Government\|necessity of the Shura]], he has organized the theory of the Ummah's guardianship.

	The theory of the Ummah's guardianship has been criticized by some researchers, and it has been said that everything that Shams al-Din claims to have taken from the faqih and given to the Ummah, he entrusts to the faqih all at once in the matter of the judiciary; because according to this theory, the supreme ruler is the Chief Justice, and the judge must be a faqih; therefore, the Ummah's options for the head of political wilayat will be limited to the fuqaha.		The theory of the Ummah's guardianship has been criticized by some researchers, and it has been said that everything that Shams al-Din claims to have taken from the faqih and given to the Ummah, he entrusts to the faqih all at once in the matter of the judiciary; because according to this theory, the supreme ruler is the Chief Justice, and the judge must be a faqih; therefore, the Ummah's options for the head of political wilayat will be limited to the fuqaha.
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	* '''The Parliament'''		* '''The Parliament'''

	In Shams al-Din's thought, the [[Place of the Shura in Government\|Shura]] has a special place, and on this basis, the Islamic system of government in the era of occultation is similar to the [[Presidential Parliamentary System]] in his view, of which the Shura Council will be one of the pillars.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 126.</ref> In Shams al-Din's thought, the representatives of the parliament have the power of legislation and [[Customary Legislation]] in the [[Mintaqat al-Faragh]] that is related to the issues of relations between human beings with each other and regulatory measures in society.<ref>Shams al-Din, Ijtihad and Renewal in Islamic Jurisprudence, p. 116.</ref>		In Shams al-Din's thought, the [[Place of the Shura in Government\|Shura]] has a special place, and on this basis, the Islamic system of government in the era of occultation is similar to the [[Presidential Parliamentary System]] in his view, of which the Shura Council will be one of the pillars.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 126.</ref> In Shams al-Din's thought, the representatives of the parliament have the power of legislation and [[Customary Legislation]] in the [[Mintaqat al-Faragh\|The unlegislated zone]] that is related to the issues of relations between human beings with each other and regulatory measures in society.<ref>Shams al-Din, Ijtihad and Renewal in Islamic Jurisprudence, p. 116.</ref>

	==Sources of the Theory==		==Sources of the Theory==
	The issuance of the theory of the Ummah's wilayat by Shams al-Din is based on some sources that are beyond the sources of traditional jurisprudence (the Book, the Sunnah, reason, and consensus), especially in the field of theorizing about political governance and the state.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 73-74.</ref>		The issuance of the theory of the Ummah's wilayat by Shams al-Din is based on some sources that are beyond the sources of traditional jurisprudence (the Book, the Sunnah, reason, and consensus), especially in the field of theorizing about political governance and the state.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 73-74.</ref>

	===Ijtihad in the ~~Mintaqat al-Faragh~~===		===Ijtihad in the The unlegislated zone===
	The most important source used by Shams al-Din for theorizing about the form of government is ijtihad in the legislative ~~Mintaqat al-Faragh~~, which he does by using the [[Mintaqat al-Faragh\|theory of the ~~Mintaqat al-Faragh~~]] by his teacher [[Sayyid Muhammad Baqir al-Sadr\|Mohammad Baqir al-Sadr]].<ref>Sadr, Our Economy, vol. 2, pp. 41-43</ref> By expanding the theory of the ~~Mintaqat al-Faragh~~ to all areas of social life, he provides a jurisprudential mechanism for theorizing about how to lead society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref> Shams al-Din initially divides the rulings of the Sharia into two parts: fixed and variable. He considers the fixed divine rulings to belong to the system of worship, the family system, sexual issues, and some of the rulings of transactions and believes that for other than the mentioned cases, including issues related to the political system and the state, there are no fixed rulings in the Sharia;<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> therefore, what is related to the political system and the state, including social, economic, and political relations and foreign relations, are variable and time-bound rulings that, although discussed under the title of justifications in jurisprudence, are not within the fixed religious rulings.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", pp. 106-107.</ref> According to this basis, Shams al-Din believes that since we have no text in religious texts about the form of government in the era of occultation; this issue falls within the scope of the legislative ~~Mintaqat al-Faragh~~, the determination of which has been delegated to the society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref>		The most important source used by Shams al-Din for theorizing about the form of government is ijtihad in the legislative The unlegislated zone, which he does by using the [[Mintaqat al-Faragh\|theory of the The unlegislated zone]] by his teacher [[Sayyid Muhammad Baqir al-Sadr\|Mohammad Baqir al-Sadr]].<ref>Sadr, Our Economy, vol. 2, pp. 41-43</ref> By expanding the theory of the The unlegislated zone to all areas of social life, he provides a jurisprudential mechanism for theorizing about how to lead society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref> Shams al-Din initially divides the rulings of the Sharia into two parts: fixed and variable. He considers the fixed divine rulings to belong to the system of worship, the family system, sexual issues, and some of the rulings of transactions and believes that for other than the mentioned cases, including issues related to the political system and the state, there are no fixed rulings in the Sharia;<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> therefore, what is related to the political system and the state, including social, economic, and political relations and foreign relations, are variable and time-bound rulings that, although discussed under the title of justifications in jurisprudence, are not within the fixed religious rulings.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", pp. 106-107.</ref> According to this basis, Shams al-Din believes that since we have no text in religious texts about the form of government in the era of occultation; this issue falls within the scope of the legislative The unlegislated zone, the determination of which has been delegated to the society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref>

	===Social Realities===		===Social Realities===

Sarfipour at 14:22, 6 March 2026

2026-03-06T14:22:15Z

← Older revision		Revision as of 14:22, 6 March 2026
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	* '''Abstract'''		* '''Abstract'''

	'''The Theory of the Ummah's Guardianship over Itself''' is the political-governmental theory of Sheikh [[Mohammad Mahdi Shams al-Din]] (1353-1421 AH), a Lebanese Shia thinker who tries to combine [[democracy]] and Sharia. It is said that the theory of the Ummah's guardianship seeks to recognize full rights for citizens subject to a country, regardless of religious, ethnic, and racial distinctions. Due to its emphasis on the people's right to form a government, this theory has similarities with theories such as the [[Theory of the Agency of Joint Personal Owners]] and the [[Theory of the People's Caliphate with the Supervision of the Marja'iyyat]], which places them under a grand theory called [[Theory of the Elective Islamic State]].		'''The Theory of the Ummah's Guardianship over Itself''' (in persian: [[:fa:نظریه_ولایت_امت_بر_خویش\|نظریه ولایت امت بر خویش]]) is the political-governmental theory of Sheikh [[Mohammad Mahdi Shams al-Din]] (1353-1421 AH), a Lebanese Shia thinker who tries to combine [[democracy]] and Sharia. It is said that the theory of the Ummah's guardianship seeks to recognize full rights for citizens subject to a country, regardless of religious, ethnic, and racial distinctions. Due to its emphasis on the people's right to form a government, this theory has similarities with theories such as the [[Theory of the Agency of Joint Personal Owners]] and the [[Theory of the People's Caliphate with the Supervision of the Marja'iyyat]], which places them under a grand theory called [[Theory of the Elective Islamic State]].

	After proving the necessity of forming a government in Islamic teachings, Shams al-Din considers the desired type of government not to be a wilai government (wilayat al-faqih), but rather a government with the least amount of dominance and influence, which will be possible in the theory of the Ummah's guardianship over itself. The main elements of this theory are: the Ummah (people), the Imarah (executive branch), the parliament, and the judiciary.		After proving the necessity of forming a government in Islamic teachings, Shams al-Din considers the desired type of government not to be a wilai government (wilayat al-faqih), but rather a government with the least amount of dominance and influence, which will be possible in the theory of the Ummah's guardianship over itself. The main elements of this theory are: the Ummah (people), the Imarah (executive branch), the parliament, and the judiciary.

Sarfipour at 13:32, 6 March 2026

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Sarfipour at 09:53, 16 December 2025

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← Older revision		Revision as of 09:53, 16 December 2025
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	[[Category:Theories of the State in Shia Jurisprudence]]		[[Category:Theories of the State in Shia Jurisprudence]]
	[[fa:نظریه ولایت امت بر خویش]]		[[fa:نظریه ولایت امت بر خویش]]
			[[Category:Contemporary Jurisprudence Articles]]

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Created page with "{{Author |author = Alireza Salehi |author2 = |author3 = |compiler = |editor1 = |editor2 = |editor3 = }} * '''Abstract''' '''The Theory of the *Ummah's* Guardianship over Itself''' is the political-governmental theory of Sheikh Mohammad Mahdi Shams al-Din (1353-1421 AH), a Lebanese Shia thinker who tries to combine democracy and Sharia. It is said that the theory of the *Ummah's* guardianship seeks to recognize full rights for citizens subject to a country,..."

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{{Author
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* '''Abstract'''

'''The Theory of the *Ummah's* Guardianship over Itself''' is the political-governmental theory of Sheikh [[Mohammad Mahdi Shams al-Din]] (1353-1421 AH), a Lebanese Shia thinker who tries to combine [[democracy]] and Sharia. It is said that the theory of the *Ummah's* guardianship seeks to recognize full rights for citizens subject to a country, regardless of religious, ethnic, and racial distinctions. Due to its emphasis on the people's right to form a government, this theory has similarities with theories such as the [[Theory of the Agency of Joint Personal Owners]] and the [[Theory of the People's Caliphate with the Supervision of the Marja'iyyat]], which places them under a grand theory called [[Theory of the Elective Islamic State]].

After proving the necessity of forming a government in Islamic teachings, Shams al-Din considers the desired type of government not to be a *wilai* government (*wilayat al-faqih*), but rather a government with the least amount of dominance and influence, which will be possible in the theory of the *Ummah's* guardianship over itself. The main elements of this theory are: the *Ummah* (people), the *Imarah* (executive branch), the parliament, and the judiciary.

In addition to the traditional sources of Shia jurisprudence, Shams al-Din believes in *ijtihad* in the [[Mintaqat al-Faragh]] based on social realities and [[Maqasid al-Shari'a]]. Relying on numerous jurisprudential and theological foundations such as the [[Principle of Non-Guardianship]], the flexibility of rulings related to non-worship matters, [[Separation between Legislative and Administrative Rulings]], the secular nature of power, and the [[Place of the Shura in Government|necessity of the *Shura*]], he has organized the theory of the *Ummah's* guardianship.

The theory of the *Ummah's* guardianship has been criticized by some researchers, and it has been said that everything that Shams al-Din claims to have taken from the *faqih* and given to the *Ummah*, he entrusts to the *faqih* all at once in the matter of the judiciary; because according to this theory, the supreme ruler is the Chief Justice, and the judge must be a *faqih*; therefore, the *Ummah's* options for the head of political *wilayat* will be limited to the *fuqaha*.

==A Theory for the Compatibility of Sharia and Democracy==
The theory of the *Ummah's* guardianship over itself is one of the theories discussed about how to form a state in Shia jurisprudence, which [[Mohammad Mahdi Shams al-Din]], a Lebanese Shia jurist, is the originator of.<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> In some of his works, including in the [[Book of the System of Governance and Administration in Islam]] and the [[Book on Islamic Political Society]], he presents points about how the state is formed in Shia jurisprudence and then promises to present this theory in the future<ref>Shams al-Din, System of Governance and Administration in Islam, pp. 482-483; Shams al-Din, On Islamic Political Society, pp. 95-97.</ref> and claims that no one has presented such a theory before him.<ref>Fayyad, Theories of Power in Contemporary Shia Political Thought, p. 276.</ref> It has been said that Shams al-Din's goal in presenting this theory was to eliminate the constant struggle between [[democracy]] and Sharia and that the law of Sharia should be able to adapt itself to the requirements of the time.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", p. 106.</ref> The compilation of this theory by Shams al-Din has also been considered a response to the internal conflicts in Lebanon, which he intended to create reconciliation between the parties involved by presenting this theory.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 35.</ref>

In his last book, entitled [[Wilayat al-Ummah Ala Nafsiha]], Shams al-Din, as he had promised in his previous writings to present the theory of *wilayat al-Ummah* in an independent book, lays the foundations for the elements of this theory. This book was published years after his death in 2019 AD.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 42.</ref> In this theory, with a jurisprudential approach, he has been seeking to prove the political *wilayat* of the *Ummah* over itself in the face of the [[Theory of Wilayat al-Faqih]].<ref>Shams al-Din, Lebanon al-Kiyan wa al-Ma'ni, p. 150; Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 41 and 95.</ref> The presentation of the theory of the *Ummah's wilayat* is the result of the transformation of Shams al-Din's thought from complete opposition to democracy in the first edition of the book System of Governance and Administration to the full recognition of democracy based on the *Shura* in the book *Wilayat al-Ummah Ala Nafsiha*.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 43-57.</ref> This fundamental transformation in Shams al-Din's thought is the result of living in two different intellectual and cultural spaces in the two countries of Iraq and Lebanon<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 61-70.</ref> and also under the influence of the [[Tanbih al-Ummah wa Tanzih al-Millah (Book)|Book Tanbih al-Ummah]] by [[Mohammad Hossein Gharavi Na'ini|Mirza Na'ini]]<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 58-60.</ref> and the re-reading of the Covenant of Medina.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 70-71.</ref>

According to [[Majid Moradi]], the author of the [[Book Political Thought of Mohammad Mahdi Shams al-Din]], the theory of the *Ummah's* guardianship over itself is a foundational theory that is separate from other political theories in Islamic thought and has a completely democratic structure<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 117.</ref> and seeks to recognize full rights for citizens subject to a government, regardless of religious, ethnic, and racial distinctions. According to him, this theory provides a high capacity for [[religious democracy]]; because it does not ignore the element of the people, nor the element of religion, and while it considers the *wilayat* to belong to the *Ummah*, it reserves a kind of supervision for the *faqih* in the form of [[Judicial Wilayat]].<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 14.</ref> He also believes that in Shams al-Din's thought, a democratic government is the desired Islamic government; although he does not call it democratic and uses a term derived from the text, namely *wilayat*, to support his theory.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 96.</ref>

===Rival and Allied Theories===
The theory of the *Ummah's* guardianship over itself has differences and similarities with other theories related to the state in Shia jurisprudence. This theory is based on a positive approach in the principle of establishing the state and the political system in the era of occultation; for this reason, it shares with the theories of *wilayat al-faqih* in this aspect that "establishing a state in the era of occultation is necessary", and in contrast, it is opposed to the [[Theories of Shia Constitutionalism]] that consider the formation of any government in the era of occultation to be oppression and usurpation.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 117.</ref> On the other hand, not considering a special right for the *fuqaha* in the government makes it different from the theories of *wilayat al-faqih* and brings it closer to elective theories such as the [[Theory of the Agency of Joint Personal Owners]], the [[Theory of the Elective Islamic State]], and the [[Theory of the People's Caliphate with the Supervision of the Marja'iyyat]].<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 159; Kamali Ardakani and Kadivar, "Democracy in the Views of Sheikh Mohammad Mahdi Shams al-Din and Dr. Mehdi Haeri Yazdi and ...", pp. 62-63; Marandi, "Three Theories in the Basis of the Legitimacy of the State ...", pp. 16-19.</ref>

==Explanation of the Theory==
By presenting the theory of the *Ummah's* guardianship, Shams al-Din seeks to answer the basic question of whether the leadership of the Islamic community and political power in it should be in the hands of one person (the Prophet (PBUH), the Imam (AS), or the *faqih*) and the people are only a tool at the disposal of the leadership? Or does the entire Islamic *Ummah* play a role in shaping political power and leading society?<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 41-42.</ref>

Before answering this question, Shams al-Din first spoke of the necessity and obligation of forming a government in Islamic teachings. In his belief, the issue of government is not part of Islamic Sharia, but rather its result<ref>Shams al-Din, On Islamic Political Society, p. 74.</ref> and he mentions numerous rational and textual arguments for this claim.<ref>Shams al-Din, System of Governance and Administration in Islam, pp. 237-243; Moradi, Political Thought of Mohammad Mahdi Shams al-Din, 89-94.</ref> After proving the obligation of forming a government from the perspective of Islamic teachings, he expresses the model of his desired state. In his view, considering that in Islam, the least amount of dominance and power over the people has been accepted, one should be satisfied with forming a minimal state whose duty is only to maintain the general order of society and does not have the right to snoop into people's private lives.<ref>Shams al-Din, Dialogue about the Shura and Democracy, p. 23.</ref> According to Shams al-Din, the formation of such a state will be possible in the theory of the *Ummah's* guardianship over itself.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 95.</ref>

===Elements of the Theory===
The theory of the *Ummah's* guardianship is based on elements and institutions that distinguish it from other theories. According to what is stated in the book Political Thought of Mohammad Mahdi Shams al-Din, the main elements of this theory are: the *Ummah*, the *Imarah*, the judiciary, and the parliament.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 117.</ref>

* '''The Ummah'''

The most important element of the theory of the *Ummah's wilayat* is the concept of the *Ummah*. In Shams al-Din's belief, in the time of occultation, the *wilayat* of the Imam is directly transferred to the *Ummah*, and the *wajibat kifai* in the field of politics and government are only directed to the *Ummah*, who will be rewarded if they comply and will be guilty if they neglect.<ref>Shams al-Din, On Political Society, pp. 169-171 and 203.</ref> Citing the [[Covenant of Medina]] that mentions the collection of Muslims and Jews as the *Ummah*, he considers the meaning of the word *Ummah* to be all the citizens of a country without distinguishing religion, race, etc.<ref>Shams al-Din, On Political Society, pp. 264-265.</ref>

* '''The Institution of Imarah'''

The institution of *Imarah*, or the executive branch, is one of the basic institutions in the theory of the *Ummah's wilayat*. By distinguishing between the two words *hukm* and *imarah*, Shams al-Din considers *hukm* to mean the law and *imarah* to mean the executive institution of society.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 121.</ref> In his belief, people have a duty to obey the executive head of society, but the powers of the ruler are also under the control of the *Shura* or the institution that emerges from it.<ref>Shams al-Din, On Political Society, pp. 140-141.</ref>

* '''The Judiciary'''

The deep connection of the judiciary with the Sharia in Islamic jurisprudence and the need to adapt the judiciary to the content of belief based on [[Quran 5:49]] has led Shams al-Din to consider the duty of the judiciary to be the responsibility of the *faqih jami al-sharait*; but determining which *faqih* should hold this position is, based on [[Quran 4:58]] which asks the believers to entrust the trust to its people, from the affairs of the people. According to him, people will do this through a suitable electoral system.<ref>Shams al-Din, On Political Society, pp. 107-111.</ref>

* '''The Parliament'''

In Shams al-Din's thought, the [[Place of the Shura in Government|Shura]] has a special place, and on this basis, the Islamic system of government in the era of occultation is similar to the [[Presidential Parliamentary System]] in his view, of which the Shura Council will be one of the pillars.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 126.</ref> In Shams al-Din's thought, the representatives of the parliament have the power of legislation and [[Customary Legislation]] in the [[Mintaqat al-Faragh]] that is related to the issues of relations between human beings with each other and regulatory measures in society.<ref>Shams al-Din, Ijtihad and Renewal in Islamic Jurisprudence, p. 116.</ref>

==Sources of the Theory==
The issuance of the theory of the *Ummah's wilayat* by Shams al-Din is based on some sources that are beyond the sources of traditional jurisprudence (the Book, the Sunnah, reason, and consensus), especially in the field of theorizing about political governance and the state.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 73-74.</ref>

===Ijtihad in the Mintaqat al-Faragh===
The most important source used by Shams al-Din for theorizing about the form of government is *ijtihad* in the legislative *Mintaqat al-Faragh*, which he does by using the [[Mintaqat al-Faragh|theory of the Mintaqat al-Faragh]] by his teacher [[Sayyid Muhammad Baqir al-Sadr|Mohammad Baqir al-Sadr]].<ref>Sadr, Our Economy, vol. 2, pp. 41-43</ref> By expanding the theory of the *Mintaqat al-Faragh* to all areas of social life, he provides a jurisprudential mechanism for theorizing about how to lead society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref> Shams al-Din initially divides the rulings of the Sharia into two parts: fixed and variable. He considers the fixed divine rulings to belong to the system of worship, the family system, sexual issues, and some of the rulings of transactions and believes that for other than the mentioned cases, including issues related to the political system and the state, there are no fixed rulings in the Sharia;<ref>Kadivar, Theories of the State in Shia Jurisprudence, p. 171.</ref> therefore, what is related to the political system and the state, including social, economic, and political relations and foreign relations, are variable and time-bound rulings that, although discussed under the title of justifications in jurisprudence, are not within the fixed religious rulings.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", pp. 106-107.</ref> According to this basis, Shams al-Din believes that since we have no text in religious texts about the form of government in the era of occultation; this issue falls within the scope of the legislative *Mintaqat al-Faragh*, the determination of which has been delegated to the society.<ref>Shams al-Din, Ijtihad and Taqlid, pp. 108-113.</ref>

===Social Realities===
Paying attention to the realities existing in society, especially Lebanese society, is another source used by Shams al-Din in explaining the theory of the *Ummah's wilayat*. In his belief, theorizing in political jurisprudence should be done in the light of reality, and according to these realities, the reading of texts should be revised. In other words, the realities of society are factors for a new and different understanding of the text. He introduces this kind of *ijtihad* as *ijtihad* in the text and not against the text.<ref>Shams al-Din, Ijtihad and Renewal in Islamic Jurisprudence, p. 125; Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 77-79.</ref>

===Maqasid al-Shari'a===
Paying attention to [[Maqasid al-Shari'a]] as a source for transitioning from [[Individual Jurisprudence]] to [[Social Jurisprudence]] is another source trusted by Shams al-Din in compiling the theory of the *Ummah's* guardianship over itself. In his belief, the lack of comprehensiveness (otherworldliness and neglect of worldly issues) among the Shia, as well as Shia isolationism in relation to the general issues of society, can be repaired with a *maqasidi* approach.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 79-82.</ref>

==Jurisprudential and Theological Foundations of the Theory==
The foundations considered by Shams al-Din for compiling the theory of the *Ummah's wilayat* are: 1) The principle of non-*wilayat*; 2) Suspension of the theological foundations of the old theory of the state in Islam, including *imamat* and *khilafat*; 3) The flexibility of Islamic Sharia and its dynamism in the matter of transactions; 4) Separation of the period of occultation from the period of presence; 5) Separation of legislative rulings from administrative rulings; 6) The desirability of democracy as a mechanism of government and its relationship with the *Shura*; 7) The secular nature of power; 8) The necessity of the *Shura* and consultation.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, p. 98.</ref>

===The Principle of Non-Wilayat===
The primary principle of non-*wilayat* or the lack of legitimacy of any dominance of one person over others is a general rule for which there is a need for a definite reason to get out of it, and this definite reason is only proven about the *wilayat* of God and also the Prophet (PBUH) and the Infallible Imam (AS) in the era of presence, and for no other person, including the *fuqaha* in the era of occultation, such a *wilayat* has been proven.<ref>Shams al-Din, Wilayat al-Ummah Ala Nafsiha, p. 35; Moradi, "Investigation and Criticism of the Theoretical Foundations of the Political Theory of the Ummah's Guardianship over Itself", p. 172.</ref> Shams al-Din has limited the duty of the *fuqaha* to expressing religious rulings and holding the position of the judiciary and does not accept anything beyond these two cases, including *wilayat* in political power, for them.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", p. 107.</ref> In this theory, the *faqih*, without any special right, has the right to participate only because he is a member of the *Ummah*.<ref>Shams al-Din, Ijtihad and Renewal, p. 119; Moradi, "Investigation and Criticism of the Theoretical Foundations of the Political Theory of the Ummah's Guardianship over Itself", p. 167</ref>

According to Shams al-Din, *wilayat* in the era of occultation, which belongs to the *Ummah*, is exercised through referring to public opinion.<ref>Shams al-Din, System of Governance and Administration, pp. 209 and 448.</ref> According to him, establishing a state in the era of occultation based on the *Ummah's wilayat* over itself is necessary, and the legitimacy of the political system is based on the will of the nation.<ref>Fayyad, Theories of Power in Contemporary Shia Political Thought, p. 276.</ref> Finally, according to Shams al-Din, the state must be in accordance with the nature of the society from which it has sprung, have faith in the minds of the people, and use human experience.<ref>Tabatabaei-Far, "Shia Constitutionalism; A Theory for a Project", p. 107.</ref>

[[Freedom]] is the result that Shams al-Din takes from proving the *Ummah's wilayat* over itself and negating the *wilayat* of human beings over each other. According to him, the situation of man in relation to himself and also in relation to others is based on freedom; in the sense that no human being has the right to restrict the freedom of others. In his belief, this principle stems from the responsibility that God has placed on man in relation to his destiny, and being responsible is not realized without *wilayat* over oneself.<ref>Shams al-Din, Personal Freedoms in the Islamic Perspective, p. 275; Moradi, "Investigation and Criticism of the Theoretical Foundations of the Political Theory of the Ummah's Guardianship over Itself", p. 174.</ref>

===Suspension of the Theological Foundations of the Old Theories of the Islamic State (Imamat and Khilafat)===
In Shams al-Din's belief, the political theory of contemporary Islamic thought, both among Sunnis and among Shias, is completely abstract; because it is based on theological grounds that do not exist today. According to him, the theory of *khilafat* as a jurisprudential heritage of Sunnis has been unoriginal from the beginning; because it is rooted in Ash'ari or Mu'tazili theology, and the theory of *imamat*, although it is an original theory in the history of Islam; but it ended after the end of the Lesser Occultation.<ref>Shams al-Din, Ijtihad and Taqlid in Islamic Jurisprudence, pp. 194-195.</ref>

===The Flexibility of Rulings Related to Non-Worship Matters===
Based on the division of Sharia rulings into worship and transaction matters, Shams al-Din believes that the stability and immutability of rulings are specific to worship, and outside the field of worship, the laws of life are transformed, and those laws must be revised with the change of time and place. He also places the subject of the political system in the field of non-worship, which acquires the capacity for different models, and the only valid condition in it is not being incompatible with Islam.<ref>Shams al-Din, On Islamic Political Society, p. 97.</ref>

===Separation between Legislative and Administrative Rulings===
Shams al-Din's intention of administrative rulings is the rulings that have been issued by the Infallible (AS) not as a preacher of the Sharia, but as a ruler. He does not consider many of these kinds of rulings to be generalizable to all times and believes that they should be revised based on the circumstances.<ref>Shams al-Din, On Islamic Political Society, p. 87.</ref>

===The Secular Nature of Power===
Shams al-Din considers the issue of the state and power to be a secular matter that does not belong in the realm of sacredness. He believes in the separation of the realm of religion from the realm of the state and that even the government of the Infallible can be criticized; because it is a human and earthly matter. On this basis, he delegates the duty of forming a government to the *Ummah*.<ref>Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 108-114.</ref>

===The Necessity of the Shura===
In Shams al-Din's view, consultation is obligatory on the *Ummah* and the ruler in the era of occultation. Citing [[Quran 3:159]] and [[Quran 42:38]], he believes that consultation is a religious ruling, and there is no doubt that it is related to the affairs of the government and society, not individual and private affairs. He also considers the election of the ruler, except in the case of the Infallible, to be subject to the *Shura*. From Shams al-Din's point of view, the only difference between the infallible and non-infallible ruler on the subject of the *Shura* is that the Infallible (AS) also has the right to govern by virtue of his infallibility, but the mechanism of his government must be based on the *Shura*; but the non-infallible must also take the source of the legitimacy of his power from the *Shura*, and there is no other mechanism for the legitimacy of the political ruler in the present era.<ref>Shams al-Din, Lebanon al-Kiyan wa al-Ma'ni, pp. 124-126: Moradi, Political Thought of Mohammad Mahdi Shams al-Din, pp. 114-116.</ref>

==Criticism and Review of the Theory==
Majid Moradi, a researcher of political thoughts, believes that despite all of Shams al-Din's efforts, this theory has not been able to provide a solid theoretical foundation for the *Ummah's wilayat* and has not gone beyond the limits of the [[Theory of the Elective Wilayat of the Faqih]]. According to Moradi, everything that Shams al-Din claims to have taken from the *faqih* and given to the *Ummah*, he suddenly entrusts to the *faqih* all at once in the matter of the judiciary; because according to this theory, the supreme ruler is the Chief Justice, and the judge must be a *faqih*; therefore, the *Ummah's* options for the head of political *wilayat* will be limited to the *fuqaha*.<ref>Moradi, "Investigation and Criticism of the Theoretical Foundations of the Political Theory of the Ummah's Guardianship over Itself", pp. 182-183.</ref>

Some other political researchers also believe that this theory, by distancing itself from the Shia theory of appointment and by being influenced by the arguments of the Sunnis, in the matter of appointing a successor to the Infallible Imams, tends towards the theory of election. These people consider Shams al-Din's theoretical foundations and arguments to be incomplete for proving the *Ummah's wilayat* and believe that these arguments ultimately lead to the praise of [[Place of the Shura in Government|consultation]] and do not refer to the role of the people in determining the ruler in any way.<ref>Shakeri Zavardehi and Khojasteh Mehr, "Criticism and Review of the Theory of the Ummah's Guardianship over Itself in the Sovereignty of the Era of Occultation with Emphasis on the Thought of Imam Khomeini", pp. 103 and 130.</ref>

==Study Resources==
{{Main|Wilayat al-Ummah (Study Resources)}}
About the theory of the *Ummah's* guardianship over itself, in addition to the books and articles of Mohammad Mahdi Shams al-Din, books, articles, and theses have been written, of which the most important are the [[Book Political Thought of Mohammad Mahdi Shams al-Din]] written by [[Majid Moradi]] and the book The Elective Islamic State and Democracy by Ali Akbar Kamali.

==Footnotes==
{{footnotes}}
==Resources==
{{references}}
* Shakeri Zavardehi, Ruhollah and Keyvan Khojasteh Mehr, [https://www.psirj.ir/article%20198833%20f405964ef151adba04f79e2717781c0b.pdf "Criticism and Review of the Theory of the Ummah's Guardianship over Itself in the Sovereignty of the Era of Occultation with Emphasis on the Thought of Imam Khomeini"], Quarterly Journal of Political Sociology of the Islamic Revolution, no. 17, 1403 SH.
* Shams al-Din, Mohammad Mahdi, "[https://www.noormags.ir/view/fa/articlepage/208773 Personal Freedoms in the Islamic Perspective]", Beirut, Al-Minhaj Magazine, no. 11, 1998 AD.
* Shams al-Din, Mohammad Mahdi, "Dialogue about the Shura and Democracy", Beirut, Minbar al-Hiwar Magazine, no. 34, 1994 AD.
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[[Category:Theories of the State in Shia Jurisprudence]]
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