The existence of influential elements on the legal system is the starting point of legal pluralism; A theory that focuses on the study of plurality in a legal system. Given the existence of a kind of plurality and multiplicity in most legal systems such as plurality in principles and sources, the need to pay attention to this theory becomes apparent; This can also be studied in the Iranian legal system. The Iranian legal system has been in the duality of Sharia/law since Constitutional Era and the position of this duality as a source is still one of the main issues of the Iranian legal system. when Articles 4 of the Constitution and the responsibility of the Guardian Council in implementing parliamentary approvals with Islamic principals were legislated, this issue became more complicated, because jurisprudential inference is a multiple matter and finding an opinion and collecting it with the public will requires reflection. This article with explanation of the legal and jurisprudential concept of pluralism and according to the capacities of Islamic jurisprudence reviews that In case of multiple fatawas, the parliament has the right to choose any of the opinions as a jurisprudential basis, and the Guardian Council can not consider that approval as contrary to Sharia, citing the discrepancy between the approval and another jurisprudential opinion.
borhani, M., & Lotfalizadeh, E. (2023). Legal-jurisprudential pluralism. Foundation of Sharia and Iranian legislative system. Islamic Law, 20(76), 187-210.
MLA
mohsen borhani; Elaheh Lotfalizadeh. "Legal-jurisprudential pluralism. Foundation of Sharia and Iranian legislative system". Islamic Law, 20, 76, 2023, 187-210.
HARVARD
borhani, M., Lotfalizadeh, E. (2023). 'Legal-jurisprudential pluralism. Foundation of Sharia and Iranian legislative system', Islamic Law, 20(76), pp. 187-210.
VANCOUVER
borhani, M., Lotfalizadeh, E. Legal-jurisprudential pluralism. Foundation of Sharia and Iranian legislative system. Islamic Law, 2023; 20(76): 187-210.
