The use of theological metaphors in explaining the theories of political Fiqh

The existing explanations of the political fiqh of Mohammad Momen Qumi, which are based on the metaphors in Shiite fiqh and the paternal metaphor, have not been very successful in expanding and clarifying the theory; also, considering the importance and high position of Momen’s jurisprudential viewpoints in the legal and political structure of the Islamic Republic of Iran, a systematic and comprehensive explanation seems to be necessary. Chiefly, since his view of the theory of political fiqh goes beyond some of the basic rules of conventional Shiite fiqh, for instance the prohibition of seizing the property of the owners without obtaining their consent, it makes it impossible to use existing metaphors such as servetute. Using the means of conceptual metaphor and especially the structural metaphor of miracle in Carl Schmitt’s legal theory, the present study seeks to expound and expand the authority of the Guardian Jurist (in Arabic: wali al-faqih) in the political fiqh of Momen Qumi based on the authority in Carl Schmitt’s theory of constitutional law in a structured and coherent manner. Given the achievements of the conceptual metaphor of  miracle into account, it can be said that the Guardian Jurist or the ruler in the theory of political fiqh of Mohammad Momen Qumi is beyond the norms, laws and rules of Shari’a and, therefore, can suspend any law and rule by his will and exercise his will, without anyone having the right to question him; as he is regarded as the representative of God on earth. Such an explanation can pave the way for the methodical development of the political fiqh theory of Mohammad Momen Qumi as well as a critical exposure with it.