چکیده:
Since the scientific and technical evolution and growth of human society presents new needs to society every day, and the quality of utilizing these emerging phenomena requires appropriate rulings from the sources of Sharia, and on the other hand, many of these temporal and spatial changes are not covered by the evidence of primary and secondary rulings, the only way to organize them and direct them toward the path of religious, moral, and spiritual growth is through the commands of a just ruling jurist (Faqih). Such a jurist issues and implements proportionate laws and necessary regulations according to essential interests. Since the impact of governmental ruling in preserving the system and organizing the needs of society is very important, and understanding it is essential for all individuals, the present article addresses this matter. It aims to express and explain the nature of governmental ruling, its types, the evidence of its authority, and its distinction from real, secondary, and apparent primary rulings. It also explores its difference from rulings discovered by reason through certainty of an interest that is binding and free from corruption, and its distinction from issuing a Sharia ruling based on Maslahah Mursalah (unrestricted interest) and the preservation of the objectives of Sharia. Furthermore, it emphasizes the closure of the paths to reaching the objectives of Sharia through the channels of Istihsan (juristic preference), Qiyas (analogy), and Maslahah Mursalah.
خلاصه ماشینی:
Evidences of the Authority of Governmental Ruling In the upcoming discussions, it will be mentioned that the Prophet of Islam (PBUH) and the Infallible Imams (AS) issued Wilayati and governmental commands, and people considered their obedience an obligation and necessary.
The major objection raised against this definition is that it has viewed the governmental ruling from a limited perspective, namely that it has termed the governmental ruling an "enforcement ruling," and their view is actually that the creation pertains to the enforcement and implementation of a Sharia ruling; for example, if a Sharia ruling, whether obligatory or positional, finds itself in a precarious position in society, the ruler removes it from this situation by ordering compliance with that mentioned Sharia ruling and strengthens its practice, while the scope of governmental rulings is much broader than this limit; therefore, Imam Khomeini states that governmental rulings are rulings that arise from the divine delegated authority (Wilayah al-Mufawwadhah) granted to the jurist, and through it, he can, based on the necessary interests and necessary harms that he identifies, issue or change a ruling and also enact regulations (Imam Khomeini, n.
He also says: Governmental rulings are rulings that arise from the choices and the divinely delegated authority given to the leader and the Islamic ruler, and in its light, he can issue or change a ruling based on binding interests and harms, and also establish regulations (Imam Khomeini, 1370, 2: 170).
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