Customary legislation

Line 11:

'''Customary legislation''' (in Persian: [[:fa:قانون‌گذاری_عرفی|قانون‌گذاری عرفی]]) is subject of this Article. From the point of view of some [[jurists]], whether during [[Iranian Constitutional Era|Iran’s constitutional era]] such as [[Mohammad Hossein Tabrizi|Mohammad Hussein Tabrīzī]] and [[Fazlullah Nuri|Faḍlullāh Nūrī]], or in the era of the [[Islamic Republic of Iran]] such as [[Sayyid Mohammad Hossein Hosseini Tehrani|Sayyid Mohammad Hussein Husseinī Tehranī]], '''Customary legislation''' or the writing of constitutional and ordinary laws by legislative bodies is considered to be against the [[Sharia]]. To prove their claim, they have cited reasons such that Muslims do not need new [[legislation]], particularly a [[Constitution]], with the existence of the [[divine comprehensive law]]; that [[legislation]] contradicts the [[Prophethood]] and finality of the [[Prophet Muhammad (PBUH)|Prophet of Islam (PBUH)]]; that non-Muslims have domination over Muslims; and that the [[majority vote]] is considered a false belief.

On the other hand, [[jurists]] such as [[Mirza Mohammad-Hossein Gharavi Na'ini]], [[Sayyid Muhammad Baqir Sadr]] and [[Mohammad Beheshti|Sayyid Muhammad Husseinī Bihishtī]] divided the duties of the [[Mukallaf|obligees]] into the two areas of those about which there is a text and about which there is none. They acknowledge the existence of comprehensive and complete divine rules in the area about which there are texts and believe that the society requires some legislative body; because, in a wide range of permissible matters and in explaining secondary rules about which there is no text, the responsibility of decision-making has been entrusted to human beings. According to them, there is a need for [[legislation]] in the areas about which there is no text as well as in those areas of [[Sharia]] rulings over which [[jurists]] differ. They consider the enactment of laws to be of the rational ways that have been approved by the Lawmaker and that is obligatory as the prelude to obligation.

After the victory of the [[Islamic Revolution of Iran]], the [[jurists]] that were influential in Iran’s Islamic victory, including [[Imam Khomeini]] and [[Hossein-Ali Montazeri|Hussein Ali Muntaẓirī]], considered lawmaking in Islam to include the three stages of [[legislation]], recognition and planning. According to them, in Islam, the right to legislate belongs to God, and after its transmission by the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]], divine decrees are extracted from the sources of religion by the [[Imams (AS)]] and the [[ijtihad]] of [[jurists]]. According to them, the [[parliament]] in the [[Islamic government]] does not have the right to legislate. Rather, its special task is to discover the issue, advise and plan on how to implement the [[Sharia]] and adapt new events to its standards.

After the victory of the [[Islamic Revolution of Iran]], the [[jurists]] that were influential in Iran’s Islamic victory, including [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]] and [[Hossein-Ali Montazeri|Hussein Ali Muntaẓirī]], considered lawmaking in Islam to include the three stages of [[legislation]], recognition and planning. According to them, in Islam, the right to legislate belongs to God, and after its transmission by the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]], divine decrees are extracted from the sources of religion by the [[Imams (AS)]] and the [[ijtihad]] of [[jurists]]. According to them, the [[parliament]] in the [[Islamic government]] does not have the right to legislate. Rather, its special task is to discover the issue, advise and plan on how to implement the [[Sharia]] and adapt new events to its standards.

Also, [[jurists]] such as [[Mohammad Momen|Mohammad Mu’min]] and [[Mohammad-Taqi Mesbah-Yazdi|Mohammad Taqī Miṣbāḥ Yazdī]] consider [[legislation]] in public affairs to be a matter under the [[Wali al-Faqih|guardian]]'s control and a form of [[guardianship of the jurist|guardianship]] by him. According to them, legislative institutions are bodies under the [[Wali al-Faqih|guardian]]'s control, and their enactments become law only with the [[Wali al-Faqih|guardian]]'s approval.

@@ Line 11: / Line 11: @@
 '''Customary legislation''' (in Persian: [[:fa:قانون‌گذاری_عرفی|قانون‌گذاری عرفی]]) is subject of this Article. From the point of view of some [[jurists]], whether during [[Iranian Constitutional Era|Iran’s constitutional era]] such as [[Mohammad Hossein Tabrizi|Mohammad Hussein Tabrīzī]] and [[Fazlullah Nuri|Faḍlullāh Nūrī]], or in the era of the [[Islamic Republic of Iran]] such as [[Sayyid Mohammad Hossein Hosseini Tehrani|Sayyid Mohammad Hussein Husseinī Tehranī]], '''Customary legislation''' or the writing of constitutional and ordinary laws by legislative bodies is considered to be against the [[Sharia]]. To prove their claim, they have cited reasons such that Muslims do not need new [[legislation]], particularly a [[Constitution]], with the existence of the [[divine comprehensive law]]; that [[legislation]] contradicts the [[Prophethood]] and finality of the [[Prophet Muhammad (PBUH)|Prophet of Islam (PBUH)]]; that non-Muslims have domination over Muslims; and that the [[majority vote]] is considered a false belief.
 On the other hand, [[jurists]] such as [[Mirza Mohammad-Hossein Gharavi Na'ini]], [[Sayyid Muhammad Baqir Sadr]] and [[Mohammad Beheshti|Sayyid Muhammad Husseinī Bihishtī]] divided the duties of the [[Mukallaf|obligees]] into the two areas of those about which there is a text and about which there is none. They acknowledge the existence of comprehensive and complete divine rules in the area about which there are texts and believe that the society requires some legislative body; because, in a wide range of permissible matters and in explaining secondary rules about which there is no text, the responsibility of decision-making has been entrusted to human beings. According to them, there is a need for [[legislation]] in the areas about which there is no text as well as in those areas of [[Sharia]] rulings over which [[jurists]] differ. They consider the enactment of laws to be of the rational ways that have been approved by the Lawmaker and that is obligatory as the prelude to obligation.
-After the victory of the [[Islamic Revolution of Iran]], the [[jurists]] that were influential in Iran’s Islamic victory, including [[Imam Khomeini]] and [[Hossein-Ali Montazeri|Hussein Ali Muntaẓirī]], considered lawmaking in Islam to include the three stages of [[legislation]], recognition and planning. According to them, in Islam, the right to legislate belongs to God, and after its transmission by the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]], divine decrees are extracted from the sources of religion by the [[Imams (AS)]] and the [[ijtihad]] of [[jurists]]. According to them, the [[parliament]] in the [[Islamic government]] does not have the right to legislate. Rather, its special task is to discover the issue, advise and plan on how to implement the [[Sharia]] and adapt new events to its standards.
+After the victory of the [[Islamic Revolution of Iran]], the [[jurists]] that were influential in Iran’s Islamic victory, including [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]] and [[Hossein-Ali Montazeri|Hussein Ali Muntaẓirī]], considered lawmaking in Islam to include the three stages of [[legislation]], recognition and planning. According to them, in Islam, the right to legislate belongs to God, and after its transmission by the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]], divine decrees are extracted from the sources of religion by the [[Imams (AS)]] and the [[ijtihad]] of [[jurists]]. According to them, the [[parliament]] in the [[Islamic government]] does not have the right to legislate. Rather, its special task is to discover the issue, advise and plan on how to implement the [[Sharia]] and adapt new events to its standards.
 Also, [[jurists]] such as [[Mohammad Momen|Mohammad Mu’min]] and [[Mohammad-Taqi Mesbah-Yazdi|Mohammad Taqī Miṣbāḥ Yazdī]] consider [[legislation]] in public affairs to be a matter under the [[Wali al-Faqih|guardian]]'s control and a form of [[guardianship of the jurist|guardianship]] by him. According to them, legislative institutions are bodies under the [[Wali al-Faqih|guardian]]'s control, and their enactments become law only with the [[Wali al-Faqih|guardian]]'s approval.

Customary legislation: Difference between revisions