イスラーム社会におけるウィラーヤの法的・政治的展開：イラン・12イマーム・シーア派を中心として

抄録

The term "wilayat-i faqih" began to attract an attention in the world after Ayatollah Khomeini expressed his view to Islamic government in the late 1960s as well as after the establishment of Islamic Republic of Iran. Usually, outside Iran, attempts have been made to examine this subject from the point of view of modern western political framework as it were a purely political matter. However, since "wilayat-i faqih", in concept and framework, essentially Islamic, it is necessary to look into it from the Islamic worldview and then to consider its significance to the people who are living in the Islamic socio-cultural environment. For this purpose, this paper tries to examine the concept of "wilayah" focusing on its politico-juridical development. It is no exaggeration to say that the dispute in the eighteenth century between the Akhbari school and the Usuli school formed a turning-point in the history of the Twelver-Shi'i jurisprudence. However, the opposition between the Akhbari and the Usuli currents was apparent in the Twelver Shi'ism from its begining. The main point of the difference is the method and the source which are applied in case questions arise in society. The Akhbaris, relying on the method of "taqlid", rely primarily on the tradition of the Prophet and the Imams as the source of the religious knowledge and just imitate and follow them. The "taqlid" of the Akhbaris had shown a tendency to negate all responsibility and to obey blindly. On the other hand, the Usulis are based on "ijtihad" which endeavours to deduce a judicial decree on the basis of authentic arguments of the "shari'ah". It demanded a knowledge of various branches of learning, and he who possessed a knowledge of them was called "mujtahid". The Usuli trend lost momentum in the seventeenth century because of the Akhbari resurgence through the work of Mullah Amin Astrabadi. Since then, the Akhbaris continued to flourish for some two hundred years andtraces of the idea of the Akhbaris are still to be found. However, the needs of the times in the nineteenth century chose the Usulis, because social circumstances changed more rapidly than before and in order to solve the newly rising problems, much more activities as well as knowledge of Islamic jurisprudence were required. Therefore, activism among "faqih"s arose along with the Usuli's popularity among people. Khomeini was not the first scholar to conceptualize the "wilayat-i faqih". Mullah Ahmad Naraqi in the nineteenth century was the first "mujtahid" to have proved that the "wilayat" in actuality of the Usuli sense was delegated to a "faqih" during the occultation of Imam. The "wilayat" in actuality is different from the "wilayat" in potentiality in the Akhbari's sense. Briefly speaking, the "wilayat" in potentiality is supposed to be delegated without any particular reason to all the jurisprudents regardless of their qualification, but on the other hand the "wilayat" in actuality is delegated to some able "faqih"s who are by virture of their knowledge and personality as mentioned before. Another important condition which enables a "faqih" to attain the "wilayat" in actuality is the generous support of people. In other words, even if a "faqih" is very much qualified in the knowledge, without the support of people, he cannot be a person to whom the "wilayat" is delegated. Therefore, at this point it should be rioted that the significance of the "wilayat-i faqih" as well as that of the "faqih" itself has been changed in the course of the Usuli interpretation. Repeatedly saying, the "wilayat-i faqih" is considered a social duty not as a source of power. When we look into the

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