Islamic Law

Islamic Law

The ideal model of sharia supervision over legislation from the perspective of compliance and non-contradiction in the constitution

Document Type : Original Article

Author
Assistant Pro. Department of Public Law, Faculty of Law University of Qom, Qom, Iran
Abstract
One of the components of divine sovereignty over society is the rule of divine commandments over the legal norms of society. Accordingly, and according to the will of the people, the constitution has also shaped the structure of the legislative system of the Islamic Republic of Iran based on the maximum sovereignty of the Shari'a (Article 4 of the Constitution) and has stated two patterns of compliance and non -compliance with the law.
But given the conceptual scope of these two patterns, the question arises as to which pattern is the criterion for monitoring the laws? This article expresses an analytical and descriptive way that although the procedure of the Majlis and the Legal Doctrine has accepted the pattern of non -contradiction, the basic legislature, contrary to the claims of some experts in using this Two patterns have neither conflicted nor enthusiasm in legislation. This article believes that given these two patterns in the constitution, that is, in accordance with Islamic standards and inadequacy with Islamic law, a comprehensive interpretation of the principles can be a comprehensive interpretation of the principles. The constitution presented that the appliance of both patterns in the House of Representatives. Finally, the theory of this article is evaluated in accordance with the views of the jurists regarding the ratio of law and the law.
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