Customary legislation

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According to them, the nature of [[legislation]] in the [[Islamic government]] is different from [[legislation]] in other governments<ref name="ref33">Muntaẓirī, Dirāsāt fī Vilāyat al-Faqīh, vol. 2, pp. 59-60</ref> and they believed that it includes the three stages of [[legislation]], recognition and planning<ref name="ref34">Amīnīpajūh and Ka‘bī, Mabānī-yi Kalāmī-yi Qānūn Guḏārī va Āthār-i Fiqhī va Ḥuqūqī-yi Ān dar Ḥukūmat-i Islāmī, pp. 9-23</ref>. This group of [[jurists]], particularly [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], believed that the right of lawmaking belongs exclusively to God, and even the [[Prophet Muhammad (PBUH)|Prophet of Islam (PBUH)]] does not share this right with Him<ref name="ref35">Khomeini, Ṣaḥīfi-yi Imam, vol. 15, p. 312</ref>. After the enactment of laws by God and enouncing them through the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]], it is time to recognize the divine laws and extract them from the sources of religion. This is done by the [[Imams (AS)]] through citing the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]] and the [[ijtihad]] of [[jurists]]<ref name="ref36">Khomeini, Vilāyat-i Faqīh, pp. 43-44; Muntaẓirī, Dirāsāt fī Vilāyat al-Faqīh, vol. 2, p. 59; Subḥānī, Al-Taqnīn fī al-Ḥukūmat al-Islāmīyyah, pp. 238-258</ref>. According to this opinion, customary [[legislation]] in the [[Islamic government]] will basically be the adaptation of new events to Islamic standards and regulations<ref name="ref37">Ahvāzī, Imam Khomeini bi Ravāyat-i Ayatollah Hāshimī Rafsanjānī, p. 155</ref>. This group of [[jurists]], citing some theological propositions such as the exclusiveness of [[legislation]] to God, finality, comprehensiveness and universality of [[Islamic Sharia]], believe that Islam has left no issue without a ruling so that there would be a need to make a decision about it<ref name="ref38">Hāshimī, Ḥuqūq-i Asāsī-yi Jumhūrī-yi Islāmī-yi Iran, vol. 2, p. 734</ref>. For this reason, in the [[Islamic government]], the [[parliament]] does not have the right to legislate and its special task is only to recognize the issue<ref name="ref39">Mihrpūr, Didgāh-hāyi Jadīd dar Masā’il-i Ḥuqūqī, p. 48</ref>, advise and plan on how to implement the [[Sharia]]<ref name="ref40">Khātam Yazdī, Ab‘ād-i Fiqhī-yi Imam Khomeini, p. 114</ref>.

By applying the opinions of these [[jurists]] in drafting the [[Constitution]], according to Article 72 of this law, the [[Islamic Consultative Assembly]] must enact regulations that are in line with Islamic standards. For this reason, in principle 91, an institution was foreseen next to the Assembly to verify the non-contradiction of the Assembly's enactments with the standards of [[Sharia]] and the [[Constitution]]. According to [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], the Assembly, upon recognizing the issue, leaves it to the [[Guardian Council]] to determine the verdict<ref name="ref41">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, p. 80</ref>. However, when dispute occurred between the Assembly and the [[Guardian Council]]<ref name="ref42">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, p. 81</ref> regarding laws such as urban land law and labor law, [[Imam Khomeini]] gave some freedom to the Assembly in [[legislation]] by citing titles such as necessity and [[Maslaha|expediency]], and also limited the authenticity of the [[Guardian Council]]’s recognition by forming the [[Expediency Discernment Council]]<ref name="ref43">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, pp. 81-82</ref>.

By applying the opinions of these [[jurists]] in drafting the [[Constitution]], according to Article 72 of this law, the [[Islamic Consultative Assembly]] must enact regulations that are in line with Islamic standards. For this reason, in principle 91, an institution was foreseen next to the Assembly to verify the non-contradiction of the Assembly's enactments with the standards of [[Sharia]] and the [[Constitution]]. According to [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], the Assembly, upon recognizing the issue, leaves it to the [[Guardian Council]] to determine the verdict<ref name="ref41">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, p. 80</ref>. However, when dispute occurred between the Assembly and the [[Guardian Council]]<ref name="ref42">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, p. 81</ref> regarding laws such as urban land law and labor law, [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]] gave some freedom to the Assembly in [[legislation]] by citing titles such as necessity and [[Maslaha|expediency]], and also limited the authenticity of the [[Guardian Council]]’s recognition by forming the [[Expediency Discernment Council]]<ref name="ref43">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, pp. 81-82</ref>.

===Lawfulness of legislation under the supervision of the guardian===

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* [[Guardian Council]]

* [[The relationship between law and Sharia|The relationship between law and Sharia]]

~~==Footnotes==~~

~~{{reflist}}~~

==Notes==

==~~Bibliography~~==

==footnotes==

== references ==

* Amīnīpajūh, Hussein, and Ka‘bī, ‘Abbās, Dar Justujūyi Naẓarīyi-yi Qānūn Guḏārī dar Āthār-i Barkhī as Faqīhān-i Mu‘āṣir-i Imāmīyi, Ḥukūmat-i Islāmī quarterly, No. 87, 2019

* Amīnīpajūh, Husseing, and Ka‘bī, ‘Abbās, Mabānī-yi Kalāmī-yi Qānūn Guḏārī va Āthār-i Fiqhī va Ḥuqūqī-yi Ān dar Ḥukūmat-i Islāmī, Ḥukūmat-i Islāmī quarterly, No. 2, 2019

@@ Line 55: / Line 55: @@
 According to them, the nature of [[legislation]] in the [[Islamic government]] is different from [[legislation]] in other governments<ref name="ref33">Muntaẓirī, Dirāsāt fī Vilāyat al-Faqīh, vol. 2, pp. 59-60</ref> and they believed that it includes the three stages of [[legislation]], recognition and planning<ref name="ref34">Amīnīpajūh and Ka‘bī, Mabānī-yi Kalāmī-yi Qānūn Guḏārī va Āthār-i Fiqhī va Ḥuqūqī-yi Ān dar Ḥukūmat-i Islāmī, pp. 9-23</ref>. This group of [[jurists]], particularly [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], believed that the right of lawmaking belongs exclusively to God, and even the [[Prophet Muhammad (PBUH)|Prophet of Islam (PBUH)]] does not share this right with Him<ref name="ref35">Khomeini, Ṣaḥīfi-yi Imam, vol. 15, p. 312</ref>. After the enactment of laws by God and enouncing them through the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]], it is time to recognize the divine laws and extract them from the sources of religion. This is done by the [[Imams (AS)]] through citing the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]] and the [[ijtihad]] of [[jurists]]<ref name="ref36">Khomeini, Vilāyat-i Faqīh, pp. 43-44; Muntaẓirī, Dirāsāt fī Vilāyat al-Faqīh, vol. 2, p. 59; Subḥānī, Al-Taqnīn fī al-Ḥukūmat al-Islāmīyyah, pp. 238-258</ref>. According to this opinion, customary [[legislation]] in the [[Islamic government]] will basically be the adaptation of new events to Islamic standards and regulations<ref name="ref37">Ahvāzī, Imam Khomeini bi Ravāyat-i Ayatollah Hāshimī Rafsanjānī, p. 155</ref>. This group of [[jurists]], citing some theological propositions such as the exclusiveness of [[legislation]] to God, finality, comprehensiveness and universality of [[Islamic Sharia]], believe that Islam has left no issue without a ruling so that there would be a need to make a decision about it<ref name="ref38">Hāshimī, Ḥuqūq-i Asāsī-yi Jumhūrī-yi Islāmī-yi Iran, vol. 2, p. 734</ref>. For this reason, in the [[Islamic government]], the [[parliament]] does not have the right to legislate and its special task is only to recognize the issue<ref name="ref39">Mihrpūr, Didgāh-hāyi Jadīd dar Masā’il-i Ḥuqūqī, p. 48</ref>, advise and plan on how to implement the [[Sharia]]<ref name="ref40">Khātam Yazdī, Ab‘ād-i Fiqhī-yi Imam Khomeini, p. 114</ref>.
-By applying the opinions of these [[jurists]] in drafting the [[Constitution]], according to Article 72 of this law, the [[Islamic Consultative Assembly]] must enact regulations that are in line with Islamic standards. For this reason, in principle 91, an institution was foreseen next to the Assembly to verify the non-contradiction of the Assembly's enactments with the standards of [[Sharia]] and the [[Constitution]]. According to [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], the Assembly, upon recognizing the issue, leaves it to the [[Guardian Council]] to determine the verdict<ref name="ref41">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, p. 80</ref>. However, when dispute occurred between the Assembly and the [[Guardian Council]]<ref name="ref42">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, p. 81</ref> regarding laws such as urban land law and labor law, [[Imam Khomeini]] gave some freedom to the Assembly in [[legislation]] by citing titles such as necessity and [[Maslaha|expediency]], and also limited the authenticity of the [[Guardian Council]]’s recognition by forming the [[Expediency Discernment Council]]<ref name="ref43">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, pp. 81-82</ref>.
+By applying the opinions of these [[jurists]] in drafting the [[Constitution]], according to Article 72 of this law, the [[Islamic Consultative Assembly]] must enact regulations that are in line with Islamic standards. For this reason, in principle 91, an institution was foreseen next to the Assembly to verify the non-contradiction of the Assembly's enactments with the standards of [[Sharia]] and the [[Constitution]]. According to [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], the Assembly, upon recognizing the issue, leaves it to the [[Guardian Council]] to determine the verdict<ref name="ref41">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, p. 80</ref>. However, when dispute occurred between the Assembly and the [[Guardian Council]]<ref name="ref42">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, p. 81</ref> regarding laws such as urban land law and labor law, [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]] gave some freedom to the Assembly in [[legislation]] by citing titles such as necessity and [[Maslaha|expediency]], and also limited the authenticity of the [[Guardian Council]]’s recognition by forming the [[Expediency Discernment Council]]<ref name="ref43">Mu’min, Ikhtīyār-i Valī-yi Amr dar Qānūn Guḏārī, pp. 81-82</ref>.
 ===Lawfulness of legislation under the supervision of the guardian===
@@ Line 69: / Line 69: @@
 * [[Guardian Council]]
 * [[The relationship between law and Sharia|The relationship between law and Sharia]]
-==Footnotes==
-{{reflist}}
 ==Notes==
+{{references}}
 <references group="note"/>
+{{end}}
-==Bibliography==
+==footnotes==
+{{footnotes}}
+== references ==
+{{references}}
 * Amīnīpajūh, Hussein, and Ka‘bī, ‘Abbās, Dar Justujūyi Naẓarīyi-yi Qānūn Guḏārī dar Āthār-i Barkhī as Faqīhān-i Mu‘āṣir-i Imāmīyi, Ḥukūmat-i Islāmī quarterly, No. 87, 2019
 * Amīnīpajūh, Husseing, and Ka‘bī, ‘Abbās, Mabānī-yi Kalāmī-yi Qānūn Guḏārī va Āthār-i Fiqhī va Ḥuqūqī-yi Ān dar Ḥukūmat-i Islāmī, Ḥukūmat-i Islāmī quarterly, No. 2, 2019

Customary legislation: Difference between revisions