Therefore, Imam's theory in ijtihad is a theory that is called monhaj taqlidi and has been heeded by distinguished 'ulama such as Sheykh Mofid, Sheykh Tusi, Sahib al-Jawahir. In other words, however: "haza men makan."
On this basis the Jawahiri path or manner advocated by Imam Khomeini is the traditional and dynamic fiqh or jurisprudence, which in a way meets all the needs of human society:
"As regards the method education and research in theological seminaries, I believe in traditional fiqh and Jawahiri ijtihad and do not permit any violation of it. Ijtihadis correct in the same manner but this does not mean that Islamic fiqh is not dynamic. Time and place are two determining elements in ijtihad. A question, which has had a decree, might find a new decree in relationships governing politics, society and economics in a system. The Mujtahid (authority on divine law) should keep abreast of the issues of his time."
For this reason, from Imam Khomeini's viewpoint, politics and government found a standing superior to other decrees and was treated as one of the primary ordinances, being preferable to other divine codes.
The government is a branch of absolute Wilayah (guardianship of a supreme Muslim jurisprudent) of the Messenger of God and one of the primary laws of Islam and preferable to all secondary decrees and even prayers, fasting and hajj.
In such a government the necessity of opening the door of ijtihad, understanding expediencies and deduction of decrees based on such interests is a definite matter.
In the Islamic government, the door of ijtihad is always open.
It is here that the ijtihad as is common in theological seminaries is not sufficient. If an individual is more learned in the customary sciences of seminaries but cannot discern the expediency of the society or cannot differentiate upright and useful persons from incompetent ones, this person is not a mujtahid in social and government matters.
It is only the Shi'ah fiqh that potentially enjoys the conditions and features requisite to the realization of such an ijtihad, as Shia fiqh is the richest fiqh and law·in the world. Therefore, fiqh is the real theory to administer man and the society from cradle to grave."