Abstract:
The fiqhi and legal nature of the law is one of the fundamental issues in the framework of the legal system of the Islamic Republic of Iran. Unlike non-religious systems, the law in the Islamic Republic of Iran’s system is fundamentally based on Sharia and Islamic standards and in line with their implementation and realization. It may be argued that the law is not the result of social custom or the merely material demands of citizens, but the law applies what share’[1] wants. The researchers of the current study aim to analyze the various dimensions of the legislator's attitude to law and legislation and his goals, especially, in the authority scope of law-making high-ranking officials and institutions, including the Supreme Leader and the Islamic Consultative Assembly, each of which enjoy their legal authority and special effects. Moreover, through looking at religious doctrine of the Islamic school and system, the study aims to distinguish between the fiqhi and legal nature of law and that of other similar concepts in Islamic jurisprudence and provide a relatively comprehensive explanation of it. [1]. (here) holy legislator: Allah as the law-giver; in general, it means legislator/ law-giver
Machine summary:
" (Dictionary of Usul al-Fiqh, 1389) On the other hand, from the perspective of some jurists, fatwa consists of reporting the general divine ruling on general subjects based on the established evidences in jurisprudence (Kitab, Sunnah, Ijma, and Aql), whether it is conveyed in the form of news or in the form of a command; whereas hukm (ruling) consists of the creation and issuance of an obligation by the Sharia ruler for the implementation of Sharia rulings, whether taklifi (obligatory) or wad'i (positional), or the implementation of their subject in a specific case.
These regulations are mandatory and, like Sharia, possess validity, with the difference that heavenly laws are fixed and unchangeable, whereas positive regulations are changeable and, in their stability and permanence, follow the interest that brought them into existence; and since the continuity of human society life is in evolution and moving towards perfection, naturally these regulations gradually undergo change and transformation, giving way to better ones" (Tabataba'i, 1385: 65) Therefore, the governmental ruling is based on "interest"; the authority for identifying this interest is the ruler of Muslims, although he can delegate the identification of interest to his trusted experts, or even has the option to delegate the issuance of these rulings to his trusted jurists as well.
php/component/content/article/8-1388-09-22-18-11-14/708-1390-02- 10-16-56-46> visited date: 22/1/2015 is codified and formulated by pure and experienced reason after expert analysis and examination of aspects, issues, and subjects by legislative institutions aware of the needs of the Islamic society, who specialize in various branches of science; and after it is confirmed that there is no conflict with Sharia, it is implemented; therefore, in the issuance of governmental rulings, whether by the person of the Wali al-Faqih or by 1 expert legislators in various matters, reason plays a decisive role.
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