Wilāya’s Ethics and Its Mechanisms in Islamic Law

Abstract This article examines the concept of wilāya and its relation to ethics from a jurisprudential perspective, while drawing on political and ethical philosophical discussions. Wilāya is defined as the guardianship exercised by the wālī over those under his authority ( muwallā ʿalayh ), a relationship that arises from their mutual proximity. The article transitions to explore how wilāya extends beyond the individual realm to encompass a broader political and governmental context. The ethics of the wālī in this context is defined as “justice in governmental and political fields,” distinguishing it from personal justice. The paper further examines the juristic mechanisms that ensure the wālī ’s ethics in both personal and public spheres, such as criticism of the wālī , civil disobedience against unethical orders, and the continuous oversight of citizens. Ultimately, it argues that the ethical aspects of wilāya and wālī as discussed in traditional juristic sources need to be revised and adapted to contemporary contexts, with a focus on public ethics and political ethics rather than merely on personal virtues.