The Authority of the Jurisconsult in Administering the Islamic Government and the Role of the Rule of Ease in It

Abstract

The administration of the Islamic state is entrusted to a fully qualified jurisconsult (faqih), who assumes the responsibility of guiding and maintaining the Islamic system during the occultation era. In all domains where the Prophet (peace be upon him) and the Imams (peace be upon them) held authority as rulers and leaders, the jurisconsult also possesses authority. The leadership's powers within the Islamic government are rooted in religious jurisprudence, and their scope is defined as both absolute and regulated within the constitutional framework. The legislator, aiming to establish justice and its societal expansion, has designated specific powers for the leader based on Islamic legal principles. This article focuses on elucidating the applications of the rule of maysur (the rule of ease) in governing the Islamic state, as well as its instances in the Constitution. This study addresses cases in which the jurisconsult may issue secondary or governmental rulings under circumstances of necessity and emergency to safeguard and administer the Islamic state. Examples of emergencies discussed in the Constitution include wartime conditions, illness, death, absence, resignation, or the dismissal of high-ranking government officials.