چکیده:
By accepting the theory of the necessity of establishing an Islamic government and consequently the extensive authority of the Sharia ruler to issue governmental rulings, it must be examined whether this ruler's ruling is recognized as a primary ruling, a secondary ruling, or fundamentally a third ruling alongside the other two. The necessity of this research stems from the fact that if we consider the governmental ruling to have a nature independent of primary and secondary rulings, it will be effective in determining the obligations of those bound by it, defining the framework for establishing governmental rulings, and the scope of their application. Furthermore, the question arises: if a conflict occurs between the governmental ruling and the other two rulings, which one takes precedence? The present article, through a descriptive-analytical research using a library-based method, aims to achieve an answer to this important matter. The results of the research show that the governmental ruling is neither of the type of primary nor secondary rulings; rather, it is a division of them and possesses an independent nature. Additionally, during a conflict between them, since the element of interest (Maslahat) plays a significant role in the formulation of the governmental ruling, and such a ruling serves to provide for the interests of society and preserve the system, the governmental ruling will necessarily take precedence; therefore, all individuals (both the obligated and the mujtahids) are obliged to accept it and must act according to it.
خلاصه ماشینی:
A Research on the Nature of Governmental Ruling Received: 25/7/1395 Approved: 5/11/1395 Mostafa Amiri * Reza Haqqpanah ** and Ali Mohammadian *** Abstract With the acceptance of the theory regarding the necessity of forming an Islamic government and consequently the extensive authority (mabsut al-yad) of the Sharia ruler to issue governmental rulings, it must be investigated whether this ruler's ruling is identified as a primary ruling (hukm awwali), a secondary ruling (hukm thanawi), or fundamentally a third ruling alongside the other two.
1 Based on this division, Hukm is divided into primary, secondary, and governmental, and the definition of each is as follows: A) Primary Hukm Primary Hukm is a command that pertains to the actions and essence of the obligated party (mukallaf) in terms of its original titles and without considering his special circumstances and conditions; for example, the obligation pertaining to the Fajr prayer or the prohibition established for drinking wine are called primary Hukm (Moshkini, 1348 SH, p.
To further explain the matter, it must be said that the governmental ruling is formed based on the public interest of the people and the Islamic system, and it may be that in some cases, the discussion of importance and significance, or conflict between the two, or hardship, embarrassment, and necessity does not arise, but the existence of an interest regarding the system becomes a reason for the governmental ruling to be issued.
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