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In order to ensure the rule of Sharia the constitution of 1979 establishes the principle of velāyat-e faqhih (cf. article 5 IC), i.e. the guardianship of the supreme scholar of Islamic law (faqhih) (on this principle see Khomeini: 1981 27 et seq.; Tellenbach: 1985 159 et seq; Momen: 1995, 196; Hāshemi: 2003, 23 et seq.; Moschtaghi: 2010, 185 et seq.). (The term faqhih (pl. foqhohā) means 'expert' in Arabic. At least in the Shiite ğafari school of law it is used as a synonym for the term moğtahed referring to a religious scholar who is accepted as an expert on the interpretation of Islamic law. Prerequisite for obtaining the rank of moğtahed are extensive studies of Islamic law at the end of which a person is awarded by its teacher the license (eğāze) to issue independent interpretations based on the application of his rational powers. The teacher has to be a moğtahed himself. For details on the process how to become a moğtahed in detail see Devin J. Stewart, Islamic Legal Orthodoxy, 1998, 223 et seq.; On peculiarities of the terms moğtahed, faqhih and eğtehād refer to Momen: 1985, 186 et seq.; Hāshemi: 2003, 113.). According to the principle of velāyat-e only a faqhih is equipped both with a comprehensive knowledge of the Sharia and moral and ethical superiority, which are necessary to ensure a just execution of state power in accordance with the Sharia. Hence, the most qualified faqhih is the only person deemed suitable for leadership. While systems based on the rule of law rely on a system of mutual checks and balances, the rule of Sharia in the form it has found in Iran primarily relies on the 'religious-legal' qualifications of certain officials charged with the supervision of state power. Consequently, the competences of the supreme faqhih or simply the 'Leader' as he is referred to in the Iranian constitution are hardly restricted and he has the final word on any matter he deems important enough to deal with (cf. article 110 IC).
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