The Requirements of Effective Sharia Supervision Over The Laws & Regulations System, Focusing on The Permanent, Comprehensive & Superior Sharia Supervision of The Jurists of The Guardian Council

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Document Type : Original Article

Authors

1 LAW

2 Tarbiyat Modares University

3 Tehran University

Abstract

According to the fourth article of Iran’s Constitution, all the laws and regulations of the country must be in accordance with Sharia standards, and this is determined by the Guardian Council’s jurists. The Guardian Council performs this task in accordance with the aforementioned authority and in the manner prescribed in the principles ninety-one to ninety-seven of the Constitution. In order to realize the intention of the legislator in this regard, it is appropriate to study and examine the requirements of the maximum effect of this supervision. Therefore, the current research has been carried out by relying on the jurisprudence and legal foundations of the Islamic Republic of Iran in order to achieve the requirements of the effective sharia supervision of the jurists of the Guardian Council on the system of laws and regulations of the country. Thus, the main question of this research is actually finding these requirements and requirements, or in other words, answering the question: "What are the descriptive requirements for the realization of effective Sharia supervision over the country's laws and regulations system?" In line with this question and relying on the descriptive-analytical research method, in the present research, the findings show: "The most central attributes that make the Shariah supervision of the jurists of the Guardian Council effective are: permanence, comprehensiveness and superior position of the supervision of the Guardian Council’s jurists.

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