Explaining and reviewing the theory of easier judgement in the position of standard judgement of legislation

Shariatinejad, Mohammadmahdi; Mahdavy, , Asghar Agha

doi:10.30497/sj.2023.244155.1234

Explaining and reviewing the theory of easier judgement in the position of standard judgement of legislation

Document Type : Original Article

Authors

mohammadmahdi shariatinejad

, Asghar agha Mahdavy

Jurisprudence and Principles of Islamic Law, Theology, imamsadiq university

10.30497/sj.2023.244155.1234

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.

Keywords

"Guardian Council"

"The standard judgement"

"easier judgement"

" legislation"

" ease"