چکیده:
The governance of an Islamic society requires the possession of certain powers, and the issuance of governmental decrees is part of these powers. In this context, an important question arises regarding the political system of Islam: what are the regulations for 'issuing governmental decrees'? Governmental or Wilayi decrees, in terms of their issuance, are decrees independent of Sharia rulings; however, in terms of content, they can have various relationships with them. Governmental or Wilayi decrees, like Sharia rulings, are of two types; meaning some governmental decrees are of the nature of obligatory rulings, while others are of the nature of declaratory (wad'i) rulings. The present writing is dedicated to examining the regulations governing the issuance of 'obligatory governmental decrees' and, by distinguishing 'general regulations' from 'regulations for emergency rulings', identifies six components as general regulations and three components as regulations for emergency rulings.
خلاصه ماشینی:
This issue necessitates that if the Wali al-Amr (the leader) intends to regulate all governmental rulings or official governmental laws based on attracting interest (maslahah) and repelling harm (mifsadah), he must pay attention to the legislation of positive and prohibitive rulings by the Legislator (al-Shari') and their degree of obligatoriness; in this sense, the Exalted Legislator has removed the burden of identifying the mandatory interest and harm from the shoulders of the ruler and, by legislating mandatory rulings, has guided him in a very important and clear manner.
In this regard, if we wish to consider the proportionality of governmental rulings with non-mandatory consequential rulings as one of the general criteria, this necessitates that we pay attention to the type of interests (masalih) and harms (mafasid) that have caused the issuance of such rulings by the Exalted Legislator (al-Shari'); thus, we must clarify the duty of the Wali al-Amr and his governmental apparatus in this field.
In any case, if this perception is accepted, the issuance of governmental rulings based on public interests would mean that every Wilayi ruling must be the provider of the interests pertaining to all individuals of society.
Summary In summarizing the four aforementioned possibilities, it must be said that in any case, the issuance of governmental rulings must oversee the provision of the public interests of society.
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