The Feasibility of Legislation Based on the Fatwa of Most Jurists

Document Type : Original Article

Author
Masoud jahandoost Dalenjan
PHD Student Of Fiqh and Islamic Law Foundation at Tehran University
10.30497/fiqh.2016.2018
Abstract
The fourth principle of the constitution states that all laws and regulations must be based on Islamic principles but there is no mention of the criteria for distinguishing this issue and how laws and regulations should be in accordance with what fatwa and it is only referred to the assignment of this duty to the jurists of the Guardian Council. In this regard, various opinions have been raised; one of the most important is the need for legislation based on the fatwa of most jurisprudents. The author believes that all four reasons (proof of prophet's prophecy, the appearance of Omar ibn Hanazala, the Word of Mirza Na'ini in the Book of "Tanbih Al-Omma and Tanziah Al-Mella" and the broad radius of promise of most jurists) cannot prove this theory, and in addition, this theory has two major forms.
Keywords
The fatwa of most jurists
legislation
the Criterion Fatwa
the Guardian Council

  • Receive Date 02 May 2014
  • Revise Date 22 January 2018
  • Accept Date 19 July 2015