Turning Jurisprudential Rules into Law: Difference between revisions

* '''abstract'''

'''Turning jurisprudential rules into law''' or '''legislating [based on] the Sharia''' is considered of the necessities of governance in the contemporary era in Islamic societies. In this process, jurisprudential rules take the form of law, and governmental requirements and guarantees of implementation (civil, administrative and criminal) are determined for them. Shia and Sunni scholars are more inclined to permit turning jurisprudential rules into law with certain conditions, and in some cases, they even consider it necessary in the current era. Conversely, some jurists believe that it is not permissible to turn jurisprudential rules into law; because, according to them the laws of Islam are clear and enforceable and there is no need to re-legislate them. In addition, some do not allow the turning of non-controversial rulings of Sharia into law; but in the area of conflicting rulings, they have left it to legislative institutions to choose one opinion.