Abstract:
The fourth principle of the constitution stipulates that all laws must be based on Islamic principles and that it is the responsibility of the jurists of the Guardian Council to determine them. What has been discussed, is the judgement of the criterion of compliance of the laws with the legal criteria, considering the differences between the judgements of the pundits. One of the theories that can be proposed, which has not been studied so far, is the theory of easier judgement. The author tries to rewiew it for the first time in the position of a standard judgement. Among the foundations of this theory is the rule of “taisir”. The theory of easier judgement is examined with several criteria and it becomes clear that the theory due to lack of sufficient and necessary basis in Imami jurisprudence and insufficient use of characteristics such as: Comprehensiveness, acceptance among jurists and sufficient power in resolving interests and corruptions, do not have the necessary strength to be considered as a standard legislative judgement.However, it should be said that ease, considering its importance in Islam, can be considered as a rule for measuring and identifying standard judgement.
Machine summary:
The Role of the 'Easier Fatwa' (Fatwa al-Ashal) in the Context of the Standard Fatwa for Legislation Mohammad Mahdi Shariatinejad* Date of Receipt: 1401/12/16 Asghar Agha Mahdavi ** Date of Acceptance: 1402/04/17 Article Type: Research Abstract Article 4 of the Constitution stipulates that all laws must be based on Islamic criteria, and the determination of this is the responsibility of the jurists of the Guardian Council.
Guardian Council; Standard Fatwa; Easier Fatwa; Legislation * Master's student, Jurisprudence and Foundations of Law, Faculty of Theology, Islamic Studies and Guidance, Imam Sadiq University, Tehran, Iran (Corresponding Author).
Now, the main question raised regarding the process of applying laws to the criteria of Islamic Sharia concerning the Guardian Council is: given the disagreement among Shia mujtahids and Maraji' al-Taqlid in rulings and fatwas, which opinion should be considered the standard for legislation?
1. Research Background In explaining and examining several theories of the standard fatwa, experts in this field have written works, the most important of which are: "The standard fatwa in legislation in the legal system of the Islamic Republic of Iran (A re-examination of the concept of A'lamiyyah in the Shia governmental jurisprudence system)" (Hajzadeh, 2015), "The standard fatwa in legislation" (Arista, 2019), "The standard fatwa in legislation" (Aliakbarian, 2013), "Jurisprudential feasibility of legislation based on the basis of the fatwa of the majority (Mashhur)" (Jahandoust Daljan, 2015), "The standard fatwa in legislation; mandatory compliance with interests (Masalih)" (Jahangiri and Banayi Khirabadi, 2021) and "Challenges of determining the standard fatwa in legislation considering the views of Imam Khomeini (RA)" (Samavati and Musavi Bojnurdi, 2020).
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