The theory of guardianship of the jurist, which was discussed only as a jurisprudential branch and theoretical debate among jurists before the Islamic Revolution, received special attention after the Islamic Revolution as the theory of Islamic government and the theoretical basis of the Islamic Republic of Iran system. In such a way that it became one of the main discussions of the day in scientific circles, it was discussed and exchanged. In the meantime, we will discuss two different views, since Allamah Misbah, like his teacher Imam (may Allah be pleased with him), believes in the absolute guardianship of the jurist, citing rational and narrated evidence, while Ayatollah Sistani, like his teacher Ayatollah Khoei (may Allah be pleased with him), believes in the limited guardianship and does not accept the rational and narrated evidence, but considers them limited to certain limits. Such as issuing fatwas, ruling on legal matters, and taking charge of Hasabiyyah affairs. The meaning of the fatwa is that the word of the jurist is proof in jurisprudential rulings and religious issues. The guardianship over the judiciary means that the ruling of the jurist is effective and valid between the parties to the lawsuit and legal claims and judicial issues. The meaning of the hasabiyyah matters is matters that are necessary to be carried out and do not have a specific guardian. These matters have examples such as the guardianship of orphans and the insane. In this article, an attempt has been made to deal with it in a descriptive-analytical manner, and the results obtained in this research show that in the discussion of the appointment and selection of the guardianship of the jurist, both eminent scholars accept the same opinion (appointment).