One of the most important legislative criteria in the Islamic government is the necessity of observing the sharia rules. Sometimes factors cause the Shari'a ruling to lose its effectiveness within the legislature, and to fail to achieve its goals. The subject of this article is to examine the role of efficiency and inefficiency of Sharia law in the legislative position; It is assumed that the jurist, as an inference, has observed all the rules of ijtihad and has reached a fatwa; Therefore, we are not talking about the role of efficiency and inefficiency in the inference process.
The most important maps of the efficiency and inefficiency of the Shari'a ruling in the legislation are: 1 Determining the standard fatwa in the legislation based on the effectiveness of the Shari'a ruling. 2. Obliging the legislator to remain silent due to the temporary ineffectiveness of the Shari'a ruling; 3. Determining the appropriate fatwa in judging in cases where judges refer to fatwas, and interpreting the law in cases of legal silence of the law.
The findings of this article show the exact role of efficiency and inefficiency of sharia law in determining the standard fatwa in legislation; And it determines its role in referring judges to fatwas and interpreting the law in cases of real and legal silence of the law.
